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

Page scan 00018 from Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit and brief in support thereof

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 #:
00018
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:
June 20, 2024
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.

34 12 Exhibit U. 35 36 It entered into an agreement with the Precision Machine Company by which it gave the Machine Company ^^subject to the covenants, conditions and stipulations hereinafter expressed, the right and license * * * to manufacture and sell picture exhibiting or projecting machines embodying'' the invention described in the patent in suit and many other patents. One of the covenants assumed by the Precision Company in respect of machines so sold was that it would ''pay royalties as follows," viz., |5 on each machine of one type, and 3% of the "net retail selling price" on machines of other types. Under the contract this w\as the only royalty or remuneration collectible by the plaintiff herein from the Precision Company. The latter Company, however, further covenanted that ever J machine (of the type here presented) made by it "in the United States" should be "sold * * * under the restriction and condition that such * * * machine shall be used solely for exhibiting or projecting motion pictures containing the inventions of re-issued Letters Patent No. 12192, leased by a licensee of the (plaintiff herein) while it owns (the patent in suit), and upon other terms to be fixed by (the plaintiff herein) and complied with by the user while the said machine is in use and while the (plaintiff owns the patent in suit ) , — ^T\^hich other terms shall only be the payment of a royalty or rental to the ( plaintiff herein ) while in use." The Precision Company further agreed to attach on each machine so manufactured and sold, a plate showing the Letters Patent under which the said