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)

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1340 H. N. Marvin, Direct Examination. Patent Nos. 578,185, 580,749, 586,953, 588,916, 629,063, 673,329, 673,992, 707,934, 722,382, 744,251, 770,937, 771,280, 785,205 and 785,237, and reissued Letters Patent Nos. 13,329 and 12,192, or use by the Licensee of the inventions, or any of them, covered by said Letters Patent or either of them prior to the date hereof. 9. The Licensee hereby recognizes and admits the validity of said reissued Letters Patent No. 13,329, and the validity of said reissued Letters Patent No. 12,192 and Letters Patent Nos. 578,185, 580,749, 586,953, 588,916, 629,063, 673,329, 673,992, 707,934, 722,382, 744,251, 770,937, 771,280, 785,205 and 785,237, and agrees not to contest or question the same during the continuance of this agreement. 10. The Licensee further covenants and agrees that the Licensee will, within fifteen (15) days after the twentieth (20th) day of each month after this agreement takes effect, and during its continuance, submit a statement in writing, signed by the proper officer of the Licensee, and sworn to if requested by the Licensor, showing the total number of running feet of new subjects of kinemacolor motion pictures listed and offered for lease or used for profit by it, in the "lease territory aforesaid" during the period from the twentieth (20th) day of the preceding calendar month to the twentieth (20th) day of the month for which such statement is submitted, and will at the same time pay to the Licensor a royalty of one cent (lc) per running foot on such total number of running feet of new subjects. The Licensee further covenants and agrees to keep correct books of account and to permit the Licensor to determine, by examination thereof, at all reasonable times and through any reputable chartered accountants to be selected by the Licensor, the number of running feet of new subjects of kinemacolor motion pictures so listed and leased or used for profit by the Licensee while this agreement is in effect, if the Licensorshould so desire. By the expression "running feet of new subjects'' as used in this agreement, the parties hereto agree, is meant the aggregate amount ascertained by adding together the individual number of running feet of one print of each and every new kinemacolor motion picture on film of a greater width