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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2170 Thomas Arm at, Direct Examination. patents; there shall be first paid to the party of the second part all the expense incurred by it in connection with the enforcement or assertion of any of the patented rights hereinbefore referred to, in the mutual interest of the parties hereto whether by the commencement and prosecution of litigation or otherwise; and to the party of the first part the sum of Twenty Three Hundred Dollars ($2300.00), being part of the expense heretofore incurred by said party in a certain litigation now pending against Edison Manufacturing Company for infringement of said letters patent No. 586,953; and there shall also be paid to either of the parties any expense that it may hereafter incur in the mutual interest of the parties hereto in acquiring any outstanding interest in any of the patents now or hereafter made the subject of this agreement; and the remainder, if any, of such avails shall be equally divided between the parties hereto. It is further mutually agreed that the payments from licensees or infringers specified in this section, shall be made to the party of the second part or its nominee and that quarterly settlements in respect thereof, shall be made between the party of the second part and the party of the first part, commencing on the 1st day of August, 1908, for the period ending July 1st, 1908, and thereafter every three months, with the usual provisions for inspection of books and keeping of account; it being understood and agreed that all litigation is to be conducted with due regard to economy, and, having in view the mutual and equal benefit of the parties hereto. 9. It is further mutually agreed by both of the parties hereto that in the event of any combination or pooling of interests with the Edison Manufacturing Company whereby the patents hereinbefore referred to are joined with the patent or patents relating to moving picture film, and to camera patent owned by said Edison Manufacturing Company and by the party of the second part hereto, the share of the party of the first part in any avails or proceeds of such combination shall be not less than one-half (%) as much as the share of the party of the second part hereto. 10. It is further mutually agreed by both of the parties hereto that any other patents or improvements or interests in any patents or improvements on projecting machines