In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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Gov't Ex. 134, Agt. Edison & Eastman Kodak Cos. 599 any width, but not capable of exhibiting or projecting the same by transmitted light, as will be able to supply the demand for the same, upon the payment of a royalty or license fee not to exceed three (3) per cent, of the net retail selling price of each such machine, and that it will impose no other condition or restriction upon the manufacture and sale of any such machines than that they be used solely in places where no admission fee is charged, which condition shall appear on a plate to be attached to each such machine; and also that it will grant licenses to such persons, firms and corporations to manufacture and sell all such exhibiting or projecting machines referred to in this Paragraph 22, containing the inventions described and claimed in any letters patent that the Patents Company may hereafter own or control, subject to similar conditions or restrictions and upon the payment of additional license fees or royalties to be fixed by the Patents Company, the royalty or license fee, and all the conditions and restrictions of all the licenses referred to in this Paragraph 22, to be the same for all such licensees, except that such licenses may be granted to said Biograph Company and the said Armat Motion Picture Company without payment of royalty or license fees for the manufacture or sale of any such exhibiting or projecting machines; and to said Vitagraph Company of America upon its paying only fourfifths ( 4-5ths ) of the royalties or license fees provided for in this paragraph, on such machines, and to the Edison Manufacturing Company and said firm of Marvin and Casler, without paying any royalties or license fees on such machines sold bona fide for export. 23. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company that the Patents Company shall, within fifteen (15) days after June 20, 1909, pay to the Eastman Company twenty-four (24) per cent, of the gross royalties or rent-; collected by or paid to said Patents Company prior to Juno 20, 1909, for the use of exhibiting or projecting machines capable of exhibiting or projecting motion pictures on translucent or transparent film of a greater width than approximately one (1) inch licensed by it, containing any of the inventions described and claimed in the letters patent referred to in Paragraph 4, and in any other letters