The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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6 OEIGINAL PETITION. reality looks upon a swift succession of instantaneous photographs but is deceived into beUeving that it is seeing actual movement. Persons engaged in trade and commerce in these appliances may be divided into three classes: (1) Manufacturers of moving picture cameras, films, and projecting or exhibiting machines; (2) rental exchanges doing a wholesale or jobbing business in distributing these machines and films to the exhibitors; (3) exhibitors of pictures or theatre owners. With the development of the motion-picture business in the last 20 years, numerous patents relating to the motionpicture art have been issued by the United States. Some of these patents have related to the mechanism of moving picture cameras or have been patents for improvements in said mechanism; many patents have been issued relating to projecting or exhibiting machines and many more for improvements in said machines. Some of these patents have been sustained by the courts while some have been held invalid either by reason of their infringing other patents or because they related to matters not properly patentable. Many important factors, besides the character of the camera and projector, enter into the production of a good motion picture. The quality and composition of the sensitized, translucent strip of celluloid film used in the camera, known as the negative film; the perforating of the negative film with mathematical precision before it is placed in the camera and exposed; the developing of the negative, the developing and printing of the positive film from the negative are all important elements to the perfection of which years of constant experimenting and unremitting research have been devoted. Of all commerce relating to the motion-picture art the commerce in positive motion-picture films is by far the most considerable. Between two and one-half and three million feet of pictures are printed every week by the manufacturers and