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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016 Gov't Ex. 134, Agt. Edison & Eastman Kodak Cos. 1 Film" than that approximately one inch and three-eighths of an inch (1% in.) in width. 18. It is further mutually covenanted and agreed by and between the Patents Company and the Eastman Company, that on each sale of "Licensed Film" to the "Patents Company licensees'' (with the exception of the Edison Company), the Eastman Company shall, in the first instance, that is to say, when such "Licensed Film" approximately one inch and three-eighths of an inch (1% in.) in width, is billed and shipped by it, charge the licens ^ ees with its price of three (3) cents or three and onequarter (3*4) cents, as the case may be, per running foot, plus the maximum royalty of five (5) mills per running foot, referred to in Paragraph 6 of this agreement, and on the expiration of each year, counting from June 20, 1909, shall adjust the royalty account of each licensee as to "Licensed Film'' so billed and shipped to them and paid for by them, according to the royalty schedule set forth in said Paragraph 6, returning to the licensee any amount such licensee may have overpaid, according to said schedule, and paying the balance to the Patents Company; and that on each sale of the other film of a width approximately one inch and three-eighths of an inch (1% in.) in width to the amount of two and one-half (2%) percent of the total amount of "Licensed Film" supplied to the "Patents Company licensees" during any one year, counting from June 20, 1909, of the continuance of this agreement, as provided for in Paragraph 14, a royalty of one-half (VI;) cent per running foot, and which royalty the Eastman Company is to pay to the Patents Company on such film sold by it which is paid for by the purchaser 4 thereof; and on each sale of said other film which is not to exceed approximately one inch (1 in.) in width, as provided for in Paragraph 14, the Eastman Company shall include in the price charged for such film to the purchaser thereof a royalty amounting to such proportion of onehalf (Vo) cent per running foot as the width of such film bears to the film approximately one and three-eighths of a*n inch (1% in.) in width, and which royalty the Eastman Company is to pay to the Patents Company on such film sold by it which is paid for by the purchaser thereof; such adjustment and payments to the licensee and the