Brief for the United States (1914)

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TAiri" (litioiis prior to the loriiiatioii of the I'atcnls ( \nii|).-my ! A. 1 think' it is very iiikm mmn »ii for pc*)vnij^'AiX^'d in husiiicss to |)ay much attention to the patents uiih'ss the owners ot* the patents make efTofts to enforee the patents. Q. As I un(h'rstoo(l your kast answei*, you niaintaiii that your i)osition t(>-(hiy on these patents is just what it was })rior to tlie formation of the Patents Company i A. Oh, I did not mean to say that at all, Mr. Grosvenor. I mean to say that our position when we are fighting a patent that belongs to some1)ody else is radically different from our position when we own the patent f and we are trying to enforce it. Referring to a statement entitled " The Facts," issued by the Biograph Co., Mr. Marvin was asked (I, 227, fol. 4) : Q. And you think your position to-day is perfectly in accord with your x^osition when you sent this circular around ^ A. No; I would not say that. It is very different. Then we were fighting the patent, and now we ovm it. Then we were ])elittling it ; now we are making the most of it. [It is suggested that the couit read the circular referred to, Govt. Ex. 55, I, 132-133.] Before the trust was formed ^Ir. Dyer derided the Latham patent; in March, 1908, he made the following statement published in the Show AVorld. 64717—14 9