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 PICTURE PATENTS Co. AND Eastman Kodak Co. 265 It. The Eastman Company covenants and agrees thai during the continuance of this agreemenl it will fill all orders for the "Licensed Film" aforesaid received by ii from the "Patents Com pany licensees" with reasonable diligence and at the prices hereinafter provided for, if it is satisfied that they are and will be able to pay for the same, and will manufacture all sucli "Licensed Film" (having a nitrocellulose base), by its presenl secret processes and will embody therein its presenl secret compositions and patented invention, and that it will nor, after the (hue hereof, and during the continuance of this agreemenl knowingly furnish or sell, in the "territory aforesaid," except For export, as hereinafter provided for, such sensitized film let the commercial production of negative and positive motion pictures to anyone but the "Patents Company licensees," except to the extent of two and one-half (2%) per cent. of the total amount of such "Licensed Film" supplied to the parties to the license agreements referred to iti Paragraph 3 and prior to the date hereof and to the "Patents Company licensees" from the date hereof to June 20, 1909, and to sai<l "Patents ( 'ompany licensees-' during any one year, counting from June 20, 1909, of the continuance of this agreement, which amount, of a width approximately one inch and three-eighths of an inch (1% in.) the Eastman Company has furnished prior to the date hereof by and with the authority of the Edison Company, and from the date1 hereof the Eastman Company (by and with the consent and authority of the Patents Company, which it hereby grants) reserves the right to furnish or supply to persons not engaged in the business of manufacturing, selling, loaning, renting outor otherwise disposing of or dealing in motion pictures in the "territory aforesaid"; and with the further exception that the Eastman Company (by and with the consent and authority of the Patents Company, which it hereby grants) reserves the righl to manufacture and sell such translucent or transparent sensitized film suitable for the commercial production of negative and positive motion pictures of a width not to exceed approximately one (1) inch in the "territory aforesaid" to persons, firms and corporations engaged in the business of manufacturing, selling, loaning, renting out or otherwise disposing of or dealing in motion pictures in the '-territory aforesaid" upon condition, however, that in case any of them produces thereon any picture greater in size than approximately three-quarters < "• i > of an inch, on a line either parallel to or al