rovrey Je Be Smiley » Page No. 2 If you will take the opinions correspondeice wherein the trouble of the to review Remington 28, 1927 the Company have been expressed, it can be seen that the Rea ington Company and its repres entatives have never until recently regarded the Pederson Claim as of any consequence. This was gone into several years ago the legal advisors of the Remington Company and they then so xpressed themselves. If the claim had no merit then, certa tniy it has Company not obtained and the merit Brownings, by mere with lapse their of time. eyes Now, wide the open, the Remington Remington _ 4 Company knowing at least as much about this situation as did the " Brownings, and perhaps more, on the 29th of April, 1919, entered into a contract whereby the "Brownings became licensor and the Remington Genca as licensee. In tha t contract the Brownings covenanted, in paragraph 7, that they were the owners of the patent referred to, and enant e may the . Brownings have, They patent. infringe ut of the is covered own some that other covenants by in nourespect, patent made in Taking up the Para; oraph 9 of The is ever violated of whether the agreement. question not the Paragraph 7 of question of infringement, that question agreement. It that that that would we cov- patent arise find it ree ds: "The Licensors and 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 that may be brought against the licensee or any of its customers for alleged infringement by reason of the manufacture, Sale or use by it or them of guns made under this license, and the licensee shall notify the licensors in writing of any such action threatened or begun. In any such suit they Will agree upon counsel to represent (hau acd the same shall be conducted under their joint supervision. Any moneys recovered against such infringer shall be divided equally between the licensors and the licensee." It seems to us that this clause joins the Remington Company and the Brownings to gether as against all persons who infringe the patent | which was the subject of the contract, and as ALA inst all persons who claim that the patent infringes any other patent. After this clause in the contract became operative, neither the Brownings nor the Kemington Company could have any Priends who coule either infringe the patent or claim infringement by reason of that patent. However, friendly, either the licensor or the licensee might’ feel to anyone, the para mount Obligation of both licensor and licensee was that obligation quoted from paragraph 9 of this contract. Should Mr. Pedersnn have been with us at the time, and had access to the gun in our shop, we can see where Reminston might have some grievance cgainst us in the matter. The true situation is the reverse, however. Mr. Pederse, thru his relation with Remington, had access to the gun while it was in the possession