Film Index (Jan-Jul 1911)

THE FILM INDEX 3 THE CHAMPION FILM COMPANY LOSES Decision Granting an Injunction Handed Down by Judge Lacombe — Court Also Says Gaumont Camera Infringes Edison Patents In the action of the Motion Picture Patents Company against The Champion Film Company, an independent concern, against which an application for an injunction was filed some time ago, Judge Lacombe has handed down his decision granting the injunction asked for. An opinion accompanied the decision in which the court discusses the merits of the Gaumont camera, alleged by the defendant company to be non-infringing. The opinion follows in full: UNITED STATES CIRCUIT COURT SOUTHERN" DISTRICT OF NEW YORK. Motion Picture Patents Company The Champion Film Company. MOTION FOR PRELIMINARY INJUNCTION. Lacombe. C. J. This is an application for preliminary injunction under Re-issue Patent No. 12037 to Thomas A. Edison for a kinetoscope, which was sustained and its claims construed by the Circuit Court of Appeals in this circuit in Edison v. Am. Mutoscope & B. Co. 151 F. R. ~t>7. An earlier decision of that court discussed the original patent, 114 F. R. 92<5. Nothing that was said in either of these opinions need be repeated here: it is assumed that they will be consulted. They describe the device of the patent and analyzed the claims so fully, illustrating the decision by describing the cameras which were held, the one to infringe, the other not to. that it seems not difficult to apply the principles of the decision to the Gaumont and ChampionGaumont cameras now before the court. The differences between these two alleged infringing cameras are unimportant, defendant apparently does not contend otherwise, therefore this discussion will be confined to the Champion-Gaumont type, of which an operative camera has been submitted for inspection. The film moving mechanism of both, however, is so well shown in the drawing and blue print, filed with the papers that their operation may be easily understood. The film passes from the delivery roll to a delivery wheel whose sprockets engage positively with holes in the sides of the film, this wheel revolves, not intermittently, but continuously, and in operation there is always a loop or slack part of the film between it and the film guide. In consequence the delivery wheel does not itself advance the film through the guide. In the Mutoscope case it was held that these circumstances did not negative infringement. The film passes through the guide, around a cam eccentrically mounted on a continuously moving wheel, to the take-up reel where it engages with sprockets, the latter reel revolving continuously. The operation is as follows. The device being at rest there is the loop cr slack above the guide entirely free to be drawn down through the guide, the same as in the Biograph and in the Warwick cameras, which were considered in the Mutoscope case. In the Biograph instrument this slack was pulled through by two friction rollers revolving continuously, the movement of the film being intermittently checked by a so-called tension leaf. "The engagement with the film was wholly frictional; — no such interlocking as will hold the film firmly advancing it with mathematical accuracy; there was the possibility of slip." In the Warwick the film was pulled through by a bifurcated fork which engaged with holes and advanced the film mathematically a certain distance and then disengaged: the court of appeals held that the bifurcated fork was a fair equivalent of the wheel with sprockets. In the Champion-Gaumcnt when at rest the film is stretched taut between the guide and the take-up sprocket wheel, resting snugly against the cam. We may assume that at that time the outer edge of the cam is on the side of the wheel furthest away from the film. Its position is not essential, substantially the same cycle of movement may be worked out if it be in the reverse position. The machine being started what happens in a given space of time? The moving sprocket wheel revolves through a predetermined arc and, carrying the film on its sprockets, advances the film a predetermined distance. During the same time the outer edge of the eccentric cam is brought into engagement with the taut film and. revolving, pushes it out a distance predetermined by the amount of the cam's eccentricity. The film thus pushed out cannot come from the side of the take-up wheel where it is held firmly on sprockets, it can readily come and does come out of the film-guide, th? slack above the guide allowing it to move easily forward. As the revolving eccentric cam recedes to the inner side of its wheel axis it leaves the film which it has pushed out and for a brief interval there is no movement of the film out of the guide, because the cam is no longer pushing on it, and the sprocket wheel cannot pull on it till it has first taken up slack. During that period the film is at rest for receiving impressions from the lens. Defendant contends that this operation of advancing the film is wholly frictional, that there is every possibility to slip and that the spacing cannot be mathematically accurate. This contention is not found per suasive. There is friction between the cam and the film but it is very different from the action of two rollers whose frictional contact alone gives a grip and produces a pull. One end of the film ithc part on the sprocket wheel) is firmly held, it cannot slip back and in reality it is this which causes it to advance when the cam pushers it. It must advance or break. I find it impossible from a study of the drawings or from a manipulation of the exhibit to see any possibility of slip. Why the spacing should not be mathematically accurate is not apparent. The arc through which the sprocket wheel will move in a given time is predetermined, the equivalent in linear movement of the film is known. The additional length of film which will be hauled out of the guide to accommodate the eccentric cam is also predetermined by the measure of the cam's eccentricity. The total distance the film will advance past the lens, being the sum of these two predetermined items, is itself predetermined. The period of rest may also be predetermined, it would seem with mathematical accuracy. It is the time necessary for a sprocket wheel, of a given diameter revolving at a given speed, to reel up the amount of film required to accommodate a protruding cam, the extent of whose eccentricity is accurately known. The conclusion is reached that the Champion-Gaumont and the Gaumont machines infringe. It is conceded that the Pathe machine, one of which is owned by defendant, also infringes. This and its Champion Gaumont may, as suggested, be impounded in the custody of defendant's counsel until final hearing. Preliminary injunction may issue. ANOTHER HOUSE FOR DAVENPORT, IA. Charles Berkell, the popular manager of the American photoplay theatre, Davenport. Ia.. will soon branch out and add another house to his management. He has secured a lease on the liouse and property at 428 Brady street, and will immediately transform the house into an up-to-date photoplay theatre. It is the intention of Mr. Berkell to get workmen on the job immediately and give the house a thorough overhauling. The interior will be rebuilt and new decorations put in. All the seats will be of the latest improved opera style; in the fireproof booth will be added a standard machine, while the curtain will be one that calls for a light house. 'X.MAS PICTURES FOR BIJOU THEATRE. W. E. Smith, proprietor and owner of the Bijou photoplay and vaudeville theatre, Bridgeport, Conn., has a great bill of pictures for Christmas week. Every day he has some appropriate reel, which keeps his audiences wondering at the miracles performed through motion pictures. Besides the pidtures there are four big first class vaudeville acts to add to the entertainment. The Bijou is the largest house of its kind in Bridgeport. It has a seating capacity of 9 86 persons. Two Edison machines are used to run off the pictures. PURCHASES LEASE FOB OPERA HOUSE. W. D. Eccleston, a popular young photoplay man of Lake Shore, N. Y., bought out the lease of M. Tannenburg, and will operate the motion pictures in the opera house in the future. Mr. Eccleston will make some extensive improvements that are needed and will soon have the opera house fitted up in a manner that will greatly add to the interest of the entertainment. Mr. Eccleston has been living in the vicinity of Lake Shore for the past nineteen years and has a large acquaintance who are interested in his welfare. They know him as a man who does things on the level and future patrons can look forward for a first class show. A KALEM THRILLER A Railroad Chartered and a Railroad Wreck Produced in a Strong Picture Story PHOTOPLAYHOUSE managers who are looking for subjects that permit of spectacular advertising will find their opportunity in the Kalem subject. "The Runaway Engine." Here all the railway efforts may be utilized. A brief discription of the picture will make it plain. Allan Peters is the son of a railroad president who decides to learn the business from the ground up and begins as a fireman. While it was not in the program when he started out the young man takes a few elementary lessons in love from the engineer's pretty daughter and decides to marry her. When he tells his father of his intention there is a merry row. The old gentleman gets the news over the wire, gets very angry and then gets out his special car and goes after that young man to tell him where he gets off. The young man is properly dressed down and taken aboard the car headed for home. Now, the girl in the case is despatcher at one of the little stations on the road. Somewhere up the line an engine gets loose and is running "wild" against the president's special. After trying vainly to get assistance the girl jumps on an engine waiting near her station and starts out to head off the wild engine. It is a wild ride, but the girl is plucky and sticks to her post. She is looking ahead anxiously for the "wildcat" engine and must also keep ahead of the president's special, which is behind her. Finally the runaway engine swings around a MISS ALICE JOYCE. Heroine of "The Runaway Engine" and Star of The Kalem California Stock Company. rune ahead. The girl slows down her engine, climbs out on the running board and jumps into the ditch. The engine rushes on to meet the runaway and the cloud of steam and smoke tells of the crashing monsters. Immediately after the smash the president's special dashes up and the lover seeing the girl lying in the ditch, rushes to her followed by his father and the train crew. The girl is picked up and brought to her senses in the young man's arms. Father forgets his opposition and the love affair is straightened out then and there. In making this picture the Kalem Company seems to have commandeered an entire railroad. Engines, cars, station houses and the right of way not to speak of engineers, firemen and other employees, were all on the job. With the proper effects this picture can be put on in a most sensational manner. Armory Hall, Taunton. Mass.. has been made over into a photoplay theatre. A new photoplay theatre is being erected at Goodale and High streets. Columbus, O.