Brief for the United States (1914)

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216 PART IX. The answer of the Patents Co. admits that the method of leasing films instead of selling them was adopted for the purpose of enabling the manufacturers to bring replevin actions, stating : ^^The sole reason for expressly framing the license agreements in the form of a lease was to facilitate the peremptory return of the articles by means of a Avrit of replevin in the event of a violation of the terms of the agreements." (Ans. Pat. Co., fols. 314-315.) The witness, Clapham, testified that Durant Church, a lawyer for the defendants in charge of the replevin suits, told him that these suits were being brought mostly to scare the people engaged in the business around through the country" (II, 1032, fol. 2), and "that the Patents Co. figured that they won out even if they lost a suit, on account of the publicity that they got through the suit, tliat the bringing of the suit was heralded broadcast, but that the termination of them — that they never knew what happened." (II, 1032, fol. 4.) When Clapham remarked that it cost an awful lot of money to keep the litigation up, Church replied that the exhibitors were paying for it. (II, 1032, fol. 4.) Clapham 's testimony in this regard was not contradicted or referred to by any of tlie witnesses for the defendants. Durant Church attended several of the hearings in this case, assisting the defendants therein. (II, 1033, fol. 3.)