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 (1914)

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Fred O. Aiken, Cross Examination. 2497 THE POSITION OF THE AMERICAN MUTOSCOPE 1 AND BIOGEAPH COMPANY. Owing' to the tense position of affairs we interviewed Messrs. Kennedy and Marvin, of the Biograph Company, and the following signed statement is their reply to the trade : "We were urged to join the Edison-Pathe combination, but we refused. ''The Court of Appeals has twice repudiated the claims of Edison that he is the creator of the moving picture art, and has limited his patent to his own particular form of apparatus. The same court has also decided that our apparatus does not infringe the Edison patent. "We stand absolutely independent and protected by our own patents. "We have largely increased our capacity and are prepared to regularly supply our own films and the films of the best foreign manufacturers in any quantity. "We will, at our own expense, protect our customers from any form of patent persecution in connection with film supplied by us. "Edison cannot obtain an injunction against any renter or exhibitor for the reason that his film patent has not been adjudicated and a decision cannot be obtained in less than two years." "H. N. Marvin. "J. J. Kennedy.'' P>y Mr. Grosvenor: Q. I also show you an article in the Show World, February 22nd, 1908, page 11, purporting to be an account of this meeting in Buffalo on February 8th, and ask you to read that. Mr. KlNGSLEY : I object to the witness being asked to read numerous articles offered to him here by the attorney for the Government. The witness is here to be cross examined, and not to read articles.