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 Gaumont Co. of X. Y. 325 or indirectly, to the Licensor or any of the additional licensees of the Licensor, the number of such feel of "Licensed Film" so ordered by or shipped to the Licensee; the Licensor further agreeing to so arrange or provide for the reports and royalty payments to be made to it by such manufacturer or manufacturers that the latter shall make such reports and royally payments in gross, as to all of the licensees to whom shipments of such "Licensed Film" are made, and without specifying the number of running feet of "Licensed Film7' so shipped to any of them, either by a statement in writing of the number of suck feet or the amount of royalties paid or to be paid by such manufacturer or manufacturers for or on account thereof. The Licensor and Licensee further mutually covenant and agree that no royalty (except as hereinbefore or hereinafter provided for), other than or in addition to that provided for in this paragraph shall be charged to or collected from the Licensee by the Licensor up to June 20, 1910, or during any renewal of this agreement up to August 31, 1911, the date of expiration of said reissued Letters Patent Nos. 12,037 and 12,192, and no royalty whatever (except as hereinafter provided for) shall be charged to or collected from the Licensee by the Licensor after either the first, second and third claims of said reissued Letters Patent No. 12,037, and either of the claims of said reissued Letters Patent No. 12,192, in any suit as hereinafter provided for. for infringement thereof, are held invalid by a Court that last hears and decides such suit, or after August 31, 1911, during any renewal of this agreement ; and that the Licensor shall charge royalties or rents for the use of all exhibiting or projecting machines capable of exhibiting or projecting motion picfures on film of a width greater than approximately one (1) inch, containing the inventions or any of them, described and claimed in the aforesaid Letters Patent Nos. 578,185, 580.749, 586,953, 588,916, 673,329, 673,992, 707,931, 722,382, 744,251, 770,937, 771,280, 785,205. and 785,237, licensed by the Licensor and that all such royalties or rents shall be collected by the Licensor, directly or indirectly from the exhibitors, including the Licensee, using such machines, and shall be fixed by the Licensor ami charged and collected from such exhibitors by the Licensor at such a rale as to average as nearly as possible a royalty or rental of Two Dollars ($2.00) per week for each such licensed machine in use. The Licensor further covenants and agrees that in exacting its weekly royalty for the use of any exhibiting or projecting