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In the District Court of the United States for the I N L I Eastern Distrct of Pe Nsyvana

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In the District Court of the United States for the I N L I Eastern Distrct of Pe Nsyvana X I N D E . I Th e d e fen d an ts . I I busin e ss . Description of the III M P ur P . otion ict e atents Company P n r m n I V . relimi ary ag ee e ts for the assignment of the patents Th u u r ’ i Mo V . e man fact re s license agreements entered nto with the tion Picture Patents Company VI Th e x . rental e change agreements I I L i r . V . icensed exhib to s I I I L u ur r V . icense agreements with man fact e s of exhibiting machines I X G r F . ene al ilm Company X A M o P ur P n G r F . greement between oti n ict e ate ts Company and ene al ilm Company 31—33 XI A r G F P . g eements between the eneral ilm Company and atents Company licensees XI I u . Concl sion XIII u . J risdiction X I V P . rayer XH I B I T E S . E 1 r M P u P xhibit . Cha ter of otion ict re atents Company Ex 2 P r o M hibit . relimina y agreement f r assignment of patents between otion P u P E M u ur ict re atents Company and dison an fact ing Company , 18 1908 December , x 3 L fi E hibit . icense agreement under the camera and l m patents between Mo o P u P B o D e ti n ict re atents Company and i graph Company , m r 1 1 ce b e 8 908 . , x 4 m E hibit . For of license agreement between Motion Picture Patents Com pany and the rental exchanges 5 L - Exhibit . icense agreement under the exhibiting machine patents between Motion Picture Patents Company and Arm at Mov ing Picture Company x E 6 . G F m om A hibit Charter of eneral il C pany , pril x 7 A E hibit . greement between Motion Picture Patents Company and General F A 2 1 1910 . ilm Company , pril , 8 A Exhibit . greement between General Film Company and Edison Man ufac u o A 21 191 t ring C mpany , pril , 0 x 9 R E hibit . eissued Letters Patent 12192 55498— 12— 1 In the District Court of the United States for the i n l i Eastern Distrct of Pe nsyvana. THE ITE TA TE O F MER ICA P ETITI NER UN D S S A , O , NO . MOTIO N PICTUR E PA TENTS COMPA NY AND others , defendants . N P I N ORIGI AL E TI T O . To th e h o n o ra bl e jud ges of th e D i str i ct C o ur t of th e U n i ted S ta tes o r th e E a stern D i stri ct o P en n s l va n ia s i tti n i n f f y , g equity: o f C . The United States America , by John Swartley , its - o f attorney for the eastern district Pennsylvania , acting under r o f t the di ection the At orney General , brings this proceeding e a t in quity gainst Motion Picture Pa ents Company , General A Film Company, Biograph Company , Thomas . Edison E ss a n a y Film Manufacturing Company , the Kalem r C o m Company George Kleine , Lubin Manufactu ing e e pany , Melies Manufacturing Company , Path Fr res , the Selig P C e olyscope ompany , the Vitagraph Company of Am rica , ’ ' Arma t v zPi r L ctu e . r . Mo ing Company , Frank Dye , Henry N A Marvin, J . J . Kennedy , William Pelzer, Samuel Long , J . Berst i E e . , Siegmund Lubin , Gaston Mel es, Alb rt Smith , G eorge K . S poor, and W . N . Selig . s - t The defendant above named , engaged in in erstate and f r c m e e i o eign o m rce in motion pictures , films , cameras , xh bit i ng ma ch ines a nd other articles and apparatus u sed in th e O f th e o f motion picture art, are violating the provisions act OR N O N 2 IGI AL PETITI . 2 1890 Congress passed July , , entitled An act to protect trade and commerce against unlawful restraints and m o n O p ” o l ies , and this proceeding is instituted to prevent and restrain the hereinafter particularly described agreements , contracts , combinations , and conspiracies in restraint of, and e restraints upon , interstate and for ign trade in such articles , the attempts to monopolize and the contracts , combinations , to and conspiracies monopolize , and the existing monopo l iz a tio n s of part o f trade and commerce among the several States in such commodities . O n information and belief, your petitioner alleges and shows : Motion Picture Patents Company is a corporation organ iz ed th o f f under laws New Jersey , with its principal o fices 80 . at Fifth Avenue , New York City General Film Company is a corporation organized under 200 the laws of the State of Maine , with its principal Offices at Fifth Avenue , New York City . Thomas A . Edison (Inc . ) is a New Jersey corporation , the successor to all the rights and privileges of the Edison co r o ra t p n . Manufacturing Company , also a New Jersey p i I n c The principal Offices of Thomas A . Edison ( ) are located O . at range , N J Biograph Company is a corporation organized under f the laws of New Jersey , with its principal o fices in New York City . E ssa n a y Film Manufacturing Company is a corporation organized under the laws of the State Of Illinois , with its principal offices at Chicago , Ill . Kalem Company (Inc . ) is a corporation organized under O f f the laws of the State New York , with its principal O fices at New York . R N I ON O IGI AL PETIT . 3 Lubin Manufacturing Company is a corporation organized o f o f under the laws the State Pennsylvania , with its prin cipal Offices at Philadelphia . Melies Manufacturing Company is a corporation organ O f Ne w iz e d under the laws of the State York , with its i principal offices at New York C ty . Pathe Freres is a corporation organized under the laws of the State of New Jersey , with its principal offices at New York City . Selig Polyscope Company is a corporation organized under the laws Of the State of Illinois , with its principal Offices at Chicago . ' Vitagraph C o m pa n y o f America is a corporation organ iz d o f e under the laws the State of New York , with its principal Offices at Brooklyn , New York . Arm a t Moving Picture Company is a corporation organ iz e d f under the laws of West Virginia , with O fices in the O f . C . city Washington , D Said defendants will be hereinafter referred to as corpo ” “ ” ration defendants and defendants . The individuals made defendants herein and hereinafter called “ individual defendants ” and “ defendants ” have been and n o w are officers and directors o f the corporation defendants as hereinafter stated , and as such officers and directors have participated and do now participate in the management and direction of the business of the corporation defendants , and have been and are now responsible therefor . Frank L . Dyer has been since its organization president and a director o f Motion Picture Patents Company and a director o f General Film Company since the incorporation o f the latter company . He is president of Thomas A . Edison (I n c ) and was president o r vice president of its prede cessor, Edison Manufacturing Company, during the period hereinafter mentioned . OR I N I IO N 4 IG AL PET T . Henry N . Marvin has been since its organization and is now v ice president and a director o f Motion Picture Patents I s V i Company . He ce president of the Biograph Company , and held that office during the period hereinafter mentioned . J . J . Kennedy has been since its organization and is now o f treasurer and a director Motion Picture Patents Company , and president and a director of the Gener al Film Company s th e o i ls ince incorp rat on of the latter company . He is a o president of the Biograph Company and held th at office r during the period he einafter mentioned . n o w William Pelzer has been for several years , and is , secretary and a director o f the Motion Picture Patents $ C o m O f l C n c pany , and secretary the General Fi m ompa y sin e the in n ffi corporation o f the latter company . He is a lso a O cer I n l fi h of Thomas A . Edison ( c ) and he d that of ce d uring t e r h n pe iod ereinafter me tioned . $ Sam uel Long i s now and has been since its in corp o rati on H treasurer and a director o f the General Film Company . e is president and a director o f Kalem Company and held that fi of ce during the period hereinafter mentioned . B r t i i r t . e s ts J A is now, and has been s nce inco pora ion , a n f th e director o f th e General Film Company .
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