In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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H. N. Marvin, Direct Examination. 1295 Thereupon H. N. Marvin resumed the stand. Direct examination continued by Mr. KlNGSLBY: Q. Going back to the time of the formation of the Biograph Company, and then extending your answer to a period covering the entire intervening period, has there been, at any time, any understanding or agreement on the part of your company with anyone to limit the output either of subjects, or copies of subjects, of motion pictures? A. No. Q. Has your company at all times, been free to enlarge its business with respect to the number of motion pictures it might produce? A. Yes. Q. Was the standing order a trade condition existing at the time of the Patents Company's organization, and recognized as such in framing the license? A. Yes, sir. Q. In your direct testimony there was some evidence given with respect to the Latham patent, but it does not appear there from whom it was bought. From whom was the Latham patent purchased? A. The Latham patent was purchased from Anthony & Scoville. Q. Where was that company located? A. That company, I believe, was located at Binghamton, New York. Q. Did you know anything about the company at that time, with respect to its financial standing and condition? A. It was generally understood at that time that the company was in financial straits, and had been for some time previous. They were exercising all their ingenuity to raise funds to carry on their business, and to prosecute the litigation under patents that they held, which purported to cover the manufacture of raw stock on which it is customary to print motion pictures. Q. Do you recall that a notice was sent by the Motion Picture Patents Company, on or about November 14th, 1911, to the Greater New York Film Rental Company, cancelling its license? A. Yes. Q. What action had been taken, if any, by the producers of motion pictures prior to this cancellation? A. Prior to the notice of cancellation the matter of the conduct of the Greater New York Film Rental Company, in its handling and care of licensed motion pictures, had been considered by the licensed producers of motion pictures. There had been a discussion of the doings of the Greater New York 1