Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof (1916)

Record Details:

Title:
Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof
Date:
1916
Publisher:
New York : Press of Fremont Payne
Volume:
Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof
Leaf #:
00013
Language:
English
Collection:
Books and Government & Law
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
Media History Digital Library
Coordinator:
Media History Digital Library
Description:
Date Added:
December 14, 2023
Something wrong or inaccurate about this page? Let us Know!

Thanks for helping us continually improve the quality of the Lantern search engine for all of our users! We have millions of scanned pages, so user reports are incredibly helpful for us to identify places where we can improve and update the metadata.

Please describe the issue below, and click "Submit" to send your comments to our team! If you'd prefer, you can also send us an email to mhdl@commarts.wisc.edu with your comments.




We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.

Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.

cnit, on appeal, affirmed said decree (page 1499) 19 and denied an application for a rehearing (page 1512). Copies of the opinions filed in the District Court and in the Court of Appeals are appended hereto, the opinion of the District Cour-t l>eing marked "Exhibit A'' ; the opinion of the Court of Appeals on the original hearing being marked "Exhibit B," and the opinion of the Appellate Court on the rehearing being marked "Exhibit C' XI. That consideration of these opinions shows that petitioner's contention as to infringement is oQ and has always been that the use of the Precision machine by the respondent, Prague Amusement Company, was an unauthorized one and therefore an infringement of the Latham patent, because, in using said machine the Prague Amusement Company did not comply with the following conditions of use imposed by petitioner upon users of machines, namely : License Condition No. 1. That the machine should be used only with motion pictures leased from a manufacturer licensed by the petitioner ; and License Condition No. 2. That the user of the machine should pay to petitioner a royalty or rental (to be fixed by petitioner) while the machine was in use. XII. That non-compliance by respondent, Prague Amusement Company, Avith either condition, resulted, as petitioner claims, in an unauthorized use of the machine, and therefore an infringement of the Latham patent. 21