TALBOT7401

Lincoln’s Inn ¹
6 May 1857

My dear Sir

I have written & sent a letter to Mess^rs Fry & Loxley ² of which the enclosed is an exact copy.

Ever Your’s faithfully
J. H Bolton

W^m H. F. Talbot Esq

[enclosure:]
(Copy)

Lincoln’s Inn
6^th 4 May 1857

Dear Sirs

Talbot v Clarke & Walker & o^{rs 3}[centred rule]

We send You on the other half sheet – a sketch of the heads of arrangement of this action and if unacceptable to You in any respect be pleased to say wherein it is so.

There are 2 points in which they vary from Your M^r Loxley’s suggestion on Thursday – viz

1^st As to an exclusive License & 2^dly on the amount of per Centage named for the Royalty.

On the 1^st point, M^r Talbot is not disposed to grant the Comp^{y 4} an exclusive License because that would interfere with his wish and intention to bring into action what he considers to be the most curious and scientific part of the Invention viz the Engraving on Steel Plates by Chloride of Platina which clothes the Chrome Gelatine Picture –

Having regard to this view & that it is only a another part of M^r T’s invention the use of which is required by the Comp^y it does not appear to us that this will be objected to by Your Clients: it is nevertheless a sine qua non ⁵ on M^r Talbot’s part.

On the 2^d point – as to amount of Royalty, M^r Talbot would be willing bearing in mind Your statement as to the large amount already expended by the Comp^y and the small sum rela realised to this time not only to waive all claim for royalty retrospectively but that the royalty shall not commence to be payable until after the sale of 3,000 ⁶ Copies of Plates following the date of the License –

N^o 4 The object of this is to give M^r Talbot the privilege of

Believe me to remain My dear Sirs Yours ever faithfully
Price B & H
s^d Price B & Hilder

Draught [illegible deletion] Letter for M^r Talbots consideration and approval

Fox Talbot Esq^r v Clarke Walker & ors

Proposed terms of arrangement without prejudice –[centred rule]

1. The Company to take M^r F. Talbots License – to be mentioned in all publications emanating from the Co^y.

2. The Company to pay M^r Talbot a royalty of 5 p^rCent ⁷ upon the Gross sales – accounts to be made up quarterly and to be inspected by M^r T’s agent.

3. To avoid future misunderstanding The Comp^y are not to consider it an infringement of their Patent if M^r Talbot should electrotype his own chrome gelatine photographs and steel engravings as descr^d in the specificon ⁸ of his Patent by the ordinary processes of Electrotype viz by such as were known prior to the date of M^r Pretsch’s Patent.

4. The Company not to sell or part with their own Chrome Gelatine photographs nor the Engraved Metal plates without M^r Talbots consent.

5. Each Party to pay his own costs of Suit – this to include the costs of the Def^t Dallas. ⁹