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 GEORGE KLEINE. 541 from atly and all claims, demands and liability for profits and damages, because of any infringement by the Licensee of any or all of the aforesaid United States Letters Patent Nos. 578,185, 580,749, 586,953, 588,916, 629,063, 673,329, 673,992, 707,934, 722,382, 744,251, 770,937, 771,280, 78d,205 and 785,237, and reissued Letters Patent Xo. 12,192, or use by the Licensee of the inventions, or any of them, covered by said Letters Patent or either of them prior to the date hereof. (8) The Licensee hereby recognizes ami admits the validity of said reissued Letters Patent Xo. 12,192, and Letters Patent Nos. 578,185, r>S0.7i<). 586,953, 588,916, 629,063, <i7:i,:^0, 673,992, 707,934, 7i,L,,:>SL>, 744,251, 770,<>:J7, 771,280, 785,205, and 7sr,,i>:)>7. and the Licensee agrees not to contest or question the same during the continuance of this agreement. i !) ) The Licensee further covenants and agrees that lie will, Within fifteen (15) days after the twentieth (20) day of each month after this agreement takes effect, and during its continuance, submit a statement in writing, signed by the Licensee and sworn to, if requested by the Licensor, showing the total number of running feet of positive motion pictures sold and leased by the licensee for use in the "territory aforesaid," as well as the total number of running feet of negative motion pictures used by him in the "territory aforesaid" in the production of positive motion pictures sold or leased by the Licensee, during the period from the twentieth (20) day of the preceding calendar month, to the twentieth (20) day of the month for which such statement is submitted, and will at the same time pay to the Licensor the royalties due on said amounts of motion pictures according to the minimum rate of royalty hereinafter provided for, and will, after each year ending June 20, pay to tin1 Licensor the additional royalties due thereon according to the royalty schedule provided for in Paragraph 10. The Licensee further covenants and agrees to keep correct books of account and to permit the Licensor to determine, by examination thereof, at all reasonable t imes and through any reputable chartered accountants to be selected by the Licensor, the number of running feet of positive motion pictures so leased and sold and negative motion pictures so used by the Licensee while this agreement is in effect, if the Licensor should so desire. (10) The Licensor and the Licensee further mutually covenant and agree that the Licensor shall charge to and receive from