In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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28 Harry N. Marvin, Direct Examination. Q. Well, did that description have any effect upon the question of whether or not you should impose a two dollar license? A. We never found any machines that did not infringe our patents, so it practically didn't have. Q. Some of those machines which you claim or state had been infringed had been sold outright by some of these manufacturers? A. Some of which manufacturers? Q. Let me state it differently : Each of the Patents Company's licensees had been selling projecting machines, had they? A. Yes, sir. Q. Had they been selling a large number in the years 1907 and 1908? A. Yes, I think so. Q. Now, take the exhibitor with an Edison projecting machine. When this license arrangement went into effect did you impose the license for two dollars a week upon those exhibitors or theatre owners who owned Edison projecting machines which they had bought outright prior to February 1, 1909? A. Yes, they were infringing machines. They embodied inventions in our patents. Q. Were the owners of all projecting machines in use in United States at that time obliged to pay the two dollars per week to you in older to get film after February 1, 1909? A. They were obliged to pay that royalty to us for a license, and it was necessary for them to have a license in order to get the licensed film. Q. In order to get the film, whether you call it "Licensed" or any other term, they had to pay you that fee? A. No, (hey could get unlicensed. Q. In order to get film from you they had to pay the two dollars? A. From the licensed manufacturer? Q. Yes. A. Yes. Q. What others of the Patents Company's licensees — I am referring now to the nine who took licenses from the Patents Company on December 18th — what others besides the Edison Company had been selling projecting machines? A. Lubin — S. Lubin; I think Pathe Freres had sold some; I believe the Essanay Company and the Selig Polyscope Company had sold a few machines. Q. Now, had those five companies you have named, Edison, Pathe Freres, Selig, Essanay and Lubin sold these projecting machines outright subject to no conditions to those exhibitors? A. I think they had.