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)

Record Details:

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Petitioner's Exhibit No. 25(5. 2531 history than those of the Edison film patent, notwithstanding which no action has yet been taken against users of films which infringe this patent. This patent covers every camera and projecting machine that uses a loop, and I consider the statement recently made by one of Edison's licensees, that he can equip any machine within a short time with an attachment which would obviate the use of the loop, is born of the necessity of the present situation rather than of faith in the alleged device. If such a device really exists it would probably infringe the Latham patent. Biograph and Latham Patents. "If the courts declare the Latham patents valid it will be within the power of the Biograph Co. to dictate Iioav the machines may be used which involve this patent. They will have the right to declare whose films may be projected, and the use of any films not licensed by the Biograph Co. with a machine embodying the Latham patent will be an infringement, and make the user liable to the Biograph Co. for damages. "The Biograph Co., however, wishing to pursue a liberal policy, and seeking to avoid the appearance of intimidation, has brought no action against exhibitors, but has gone to the fountain head and summoned the Edison Manufacturing Co. into court for violation of the Latham patent. I am not in a position to speak for the Biograph Co. as to its course in the near future, but considering the events which have taken place recently it would be the natural sequence to bring suits against users of films licensed by the Edison Mfg. Co. for violation of the Latham patent. "It is our policy to protect to the utmost every user of films which we sell or rent, and while we do not use sonorous and bombastic language, threatening innumerable law suits against infringers, wherever found, the claims under the Latham patent will be pushed to a speedy decision, and if successful the Biograph Co. will then be in a position to secure injunctions instanter against anybody who uses films of any make upon a machine or camera which infringes its patent rights. Inasmuch as this question can be adjudicated in the one case against the Edison Manufacturing Co., it has not hithto been thought advisable or just to begin innumerable suits against exhibitors.