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. 269 between the Edison Company and the East man Company, referred to in Paragraph 8, and all royalties that may be paid to the Eastman Company by the "Patents Company licensees' between the date hereof and June 20, 1909, shall be adjusted in the same manner as provided for in this paragraph i except that the royalties that may be paid by the licensees, George Kleine and the American Mutoscope & Biograph Company to the Eastman Company, for such period, shall be adjusted on the same basis as if each of said licensees had purchased "Licensed Film" from the Eastman Company at the same rate during the entire year preceding June 20, 1909, that such "Licensed Film" was billed and shipped to and paid for by each between the date hereof and June 20, 1909), and the amount which any such licensee may have overpaid, according to the royalty schedule in said Paragraph 6, shall be returned to the licensee so overpaying the same within thirty (30) days after June 20, 1909, and the balance remaining, together with the royalties that have been paid between June 20, 1908, and June 20, 1909, on each sale of film of a width approximately one inch and three-eighths of an inch (1% in.) to the amount of two and one-half (2%) per cent, of the total amount of "Licensed Film" supplied to the licensees of the license agreements with the Edison Company referred to in Paragraph 3, and to the "Patents Company licensees," and together with the royalty on the sale of other film not to exceed three-quarters i :; | i of an inch in width prior to the date hereof under the said agreement between the Edison Company and the Eastman Company, referred to in Paragraph 8, and together with the royalty on the other film not to exceed approximately one ( 1 i inch in width, received by it between the date hereof and June 20, 1909, as provided for in this paragraph, shall be paid to the Edison Company and the Patents Company as follows: The said balance, of all royalties received by it from the licensees of tin4 license agreements with the Edison Company referred to in Paragraph 3, prior to the date hereof, and all the other aforesaid royalties received by it up to the date hereof, shall be paid to the Edison Company within thirty (30) days after June 20, 1909, provided, however, that if at that time the latter should be indebted to the former for "Licensed Film" or other supplies purchased from or furnished by the Eastman Company to the Edison Company such royalties then in the possession of the Eastman Company shall be