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The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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OKIGINAL PETITION, EXHIBIT 2. 47 to United States Letters Patent Nos. 673329, 744251, 770937, 771280, 785205, and 785237 (hereinafter referred to as the ^^Vitagraph patents'') all of which relate to motion picture projecting machines, and has agreed to pay to the said Vitagraph Company of America a royalty of one dollar ($1) on each projecting machine embodying one or more of the inventions described and claimed in the said Vitagraph patents m^ade and sold under any licenses for the manufacture and sale of such projecting machines, granted by the Patents Company (said royalties being hereinafter referred to as ^^ Vitagraph royalties") and also further represents that it has acquired or will acquire from the American Mutoscope and Biograph Company, a corporation of New Jersey (hereinafter referred to as the ''Biograph Comxpany"), and the Armat Moving Picture Compan}^, a corporation of West Virginia (hereinafter referred to as the ''Armat Company"), all the right, title, and interest in and to United States Letters Patent Nos. 578185, 580749, 586953, 588916, 629063, 673992, 707934, and 722382, all of which relate to motion picture projecting machines or cam.eras; and (7) Whereas, the Patents Company represents that it contemplates deriving royalties under patents covering projecting machines owned by the Patents Company from manufacturers of projecting m.achines (hereinafter referred to as "miachine royalties"); ro3^alties from exhibitors for the use of projecting machines licensed under any or all of the patents covering projecting machines owned by the Patents Company (hereinafter referred to as "exhibitors' royalties"), and royalties derived from m^anufacturers and importers of motion pictures under said reissued United States Letters Patent Nos. 12037 and 12192 (hereinafter referred to as "film royalties"); and (8) Whereas, the Patents Company has agreed to pay to the manufacturers and importers of licensed motion pictures, except the Biograph Company and the Edison Company, 24 per cent (24%) of the gross exhibitors royalties; Now, therefore, this indenture witnesseth that: (9) The Edison Company, in and by these presents, does agree to assign, transfer, and set over unto the Patents 55498—12 7