Brief for the United States (1914)

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118 PART VII. A. I think the Biograph Co. were doing that. Q. Who had acquired the patent about that time ? A. I don't remember when they acquired the patent, but I think they acquired it shortly before that time. Q. That is, shortly before the date of that interview ? A. Yes, sir. Q. Had the patent been infringed by everyone since its issue in 1902 ? A. So far as I know it had. That is, when I say " everyone," you understand I mean people in the moving-picture business. J. A. Berst, of Pathe Freres, admitted that he published statements in 1908 which he now asserts were untrue. On direct examination he said (J. A. Berst, III, 1774, fol. 4) : I published articles in the trade papers informing the trade in general that the Latham patent was of no value, * * * but, in fact, I knew it was not true. On cross-examination by Government counsel he said (IV, 1955, fol. 4-1958) : Q. On direct examination you testified: ^^I ])ublished even articles in the trade papers informing the trade in general that the Latham patent was of no value; that we knew of other means to project films without infringing on their patents, and that when the time came we would use those means, but, in fact, I knew very well it was