February rs 7, I ‘il: By + Smiley, Pace Noe 2 wherein it seen that the can be until the recently 19&7. © If you wlll take pondencéw never 28, opinions of Remincton regarded the the the trouble to review Remincton Company Company and Pedersen claim the heve corres been expressed, its representatives as of any have consequence. This was gone into several years aco by the legal advisors of the Remington Company and they then so expressed themselves, If the claim had no merit then, certainly it has not obtained merit by mere lapse of time, Now, the Remington Company end the Brownings, with their eyes wide open, the Remineton Company knowing at least as mich about this situation as did the Brownings, end perhaps more, on the 29th of April, 1919, entered into & contract whereby the Brownings became licensor @nd the Remington Company contract In that licensee, 7, that in paragraph covenanted, Brownings the they were the owners of the patent referred to, @nd the Brownings have, The They own that patent. in no respect, ever violated that covenant. the not is patent other some question of whether that patent my infringe the of 7 Paragraph in made covenants question that would arise o&% of the | Spree nb 6 covered | | Teking up the question of infringement, we It reads: by Paragreph 9 of that agreement. find is it ‘he Licgensors ami the Licensee will at their joint cost and expense prosecute any and all infringers of the said patent or any patented improvement thereon and that they will, at their joint expense, defend any action thet may be brought eeeinest the licensee or eny ofrits customers for alleged infringement or 4t shall by reason of puns meade notify the licensors joint their eugh. infringer and the sale or use license, and the this in writing In any such them and the threatened or begun. counsel to represent under the mamufacture, wider of them supervision, shall be divided by licensee of any such action they will agree upon shall be conducted suit same Any moneys recovered esainst the licensors tetwoen equally Licensee." fae It seems | to us that this clause joins the Remington /; Gompeny and the Brownines tecether as agmainst all persons who infringe ’ | ¢he patent which wes the subject of the contract,and as against all | nérsons who cleim that thet petent infringestany other patent. After this Glause in the contract became operative, neither the Brownings nor the ‘Remineton /patent Company could have or cleim infringement any friends by reason who could of thet either patent. infringe However the friendly, (either the licensor or the licensee might feel to anyone, the paramount © ‘obligation of both licensor and licensee was thet obligation quoted from Paracraph 9 of this | contract. Should ii. Pedersen have had| access to the sum in ow shop, we can some erievance acainst us in the matter. however, iir, Pedersen, thru his | | been with us at the time, see where “gmineton micht The true situetion is the relation with Remington, had secess and have reverse, to the