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)

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Ex. 51, Statement by Biograph Co., Feb. 15, '08. 131 Q. Was it submitted for your consideration before it was 1 published? A. It probably was. Q. Who were your counsel? A. Kerr, Page & Cooper. Mr. Grosvenor : I offer in evidence at this time the statement identified by the witness yesterday appearing at page 112 of the issue of February 15, 1908, of the Moving Picture World, being Volume 2, thereof, which is marked Petitioner's Exhibit No. 54. Petitioner's Exhibit No. 54. 2 THE POSITION OF THE AMERICAN MUTOSCOPE AND BIOGRAPH COMPANY. "WE were urged to join the Edison-Pathe combination, but we refused. The Court of Appeals has twice repudiated the claims of Edison that he is the creator of the moving picture art, and has limited his patent to his own particular form of apparatus. The same court has also decided that our apparatus does not infringe the Edison patent, 3 We stand absolutely independent and protected by our own patents. WTe have largely increased our capacity and are prepared to regularly supply our own films and the films of the best foreign manufacturers in any quantity. We will, at our own expense, protect our customers from any form of patent persecution in connection with film supplied by us. Edison cannot obtain an injunction against any renter or exhibitor for the reason that his film patent has not been 4 adjudicated and a decision cannot be obtained in less than two years." H. N. Marvin, J. J. Kennedv." Mr. Grosvenor : I also offer in evidence the statement just identified by the witness at page 205, Volume 2, of the Moving Picture World, which is marked Petitioner's Exhibit No. 55.