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

Record Details:

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52 53 18 Exhibit B. "containing the invention of Reissued Patent No. ^^12,192, leased by a licentsee of the Motion Picture ^'Patents Company, the owner of the above patents ^^and reissued patent, while it owns said patents, ^'and upon other terms to be fixed by the Motion "Picture Patents Company and complied with by ^'the user while it is in use and while the Motion ^'Picture Patents Company owns said patents. The "removal or defacement of this plate terminates the ^'risrht to use this machine. ^&" " MOTION PICTURE PATENTS COMPANY New York, N. Y., U. S. A.'' Reissued. Letters Patent No. 12,192 expired subsequent to the execution of the license by the complainant to the Precision Machine Company, thereupon the Ulniversal Film Manufacturing Company made a film embodying that invention, and sold it to the Universal Film Exchange, who furnished it for use to the Prague Amusqment Company. The 72nd Street Amusement Company became the lawful possessor of a moving picture machine made by the Precision Machine Company. The defend54 ant, Prague Amusement Company, leased the machine from the 72nd Street Amusement Company and used the film furnished to it by the Universal Film Exchange upon the machine in question. The use of the filim upon the machine is the act of infringement alleged. The defendants set up three defenses : (1) That the restrictions in the contract of license to the Prague Amusement Company are contrary to public policy, illegal and void, and the machine, therefore, is free from the burden of them.