Brief for the United States (1914)

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106 PAET VII. 5. Many assertio)is made by defendants in their anstvers and as ivitnesses for themselves in this suit are directly the opposite of what they were maintaining prior to the formation of the unlawfid combination, Marvin admitted that his present assertions upholding the fihn patent are contrary to his statements before the Patents Co. was formed. (I, 123, fol. 1, 2; 225, fol. 4; 227, fol. 4; 228-229.) Dyer admitted that his position to-day respecting the Latham patent is different from what it was before the Patents Co. commenced business. (Direct : III, 1514, 1515, fol. 1 ; 1569, fol. 4 ; 1634 ; fol. 2 ; 1646, fol. 4; 1669, 1670, 1671, fol. 1.) From 1902 down to the formation of the Patents Co. the Marvin and Biograph people contended that they had the right to make motion-picture films. They also contended that they had a right to sell in this country films imported by them. (Marvin, I, 121, fol. 2.) Mr. Marvin identified the following statement published in the Show World, February 15, 1908, as having been signed by him and J. J. Kennedy, president of the Biograph Co. (I, 131, identified at I, 122) : (Government Exhibit 54, I, 131.) THE POSITION OF THE AIMERTCAN MIJTOSCOPE AND BTOGl^APH CO. We were urged to join the Edison-Pathe combination, but we refused.