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 (1912-1913)

Record Details:

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.Motion Pic. Pat. Co., Edison Mfg. Co. & Essanay F. AI. Co. 169 722,382, either of the claims of said reissued Letters Patent No. 12,192 or either of the first, second or third claims of said reissued Letters Patent No. 12,037, or any of i be claims in issue in any such suit upou said Letters Patent Nog. 586,953, or 722,382, is or are held invalid by a court that last hears and decides such suit, or should be held by such court not to he infringed, then, and in any such case, the Licensee^ may at once terminate this agreement and the license thereby granted, hy giving notice of its election so to do to the Licensor. The Licensor and Licensee1 further mutually covenant and agree that the Licensor may, at its own expense (excepl as hereinafter provided) during the continuance of this agreement, institute and prosecute suits against any of. the several additional licensees hereinafter provided for, for any breach or violation on the part of any such licensee of the covenants respecting prices at which positive motion pictures shall be leased in the "lease territory aforesaid," and also for violation of any of the other terms, conditions or stipulations entered into by such licensee; that the Licensor shall at the end of each year, counting from the day and year first above written, render to the Licensee and the other licensees hereinafter provided for, or such of them as may at the time he licensees, a statement in writing showing in detail all legal expenses incurred by it during such year in the prosecution of such suit or suits; and that up to, but not exceeding the sum of Twenty Thousand Dollars (.?20,000) for any such year, all such legal expenses, insofar as they may be reasonable and proper, shall be borne and paid by tin1 Licensee and the several additional licensees hereinafter provided for, pro rata according to the number of thousand running feet of new subjects offered for lease by each relatively to the total number of thousand runningfeet of new subjects, on film of a greater width than approximately one (1) inch, offered for lease or sale by all in the "territory aforesaid," during the year preceding the rendition of such statement, any legal expenses in excess of said Twenty Thousand Dollars ($20,000) during any such year to be borne and paid by the Licensor unless the Licensor and the Licensee and the several additional licensees hereinafter provided for should hereafter mutually agree otherwise. 20. It is mutually covenanted and agreed by and between the Licensor ami Licensee that the Licensor may grant other licenses under said reissued Letters Patent Nos. 12.0.17 and 12,192, and said Letters Patent Xos. 629,063 and 7<>7.!>:n, so far as the use of the