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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Harry N. Marvin, Direct Examination. 117 forty, are included in that number of forty-six suits stated in your answer on page 33? A. Yes, I believe so. Q. Then, as a matter of fact, this multifarious litigation that arose on patent 12192 arose in 1908, after you and the Kleine Company had refused to join in with the other Edison licensees? A. It began after the other manufacturers took licenses from the Edison Company. I don't know that Kleine refused to take a license from the Edison Company. Q. This is the same patent referred to in this statement of yours entitled, "The Facts,'' and being Exhibit 55, where you stated that no suit on this patent 12,192, so far as you know, had been pressed against anybody for the past five years? A. Yes, that is the same patent. Q. And during all this time, that is, during this period of five years, all these manufacturers were selling this motion picture film generally throughout the United States? A. Some of them were ; I don't know that all of them were during all of that time. Q. Well, in the year 1907, they all were? A. I think they were during some portion of the year 1907. Q. In this statement issued to the trade (Exhibit 55), you have printed in heavy black type from the decision of Judge Wallace, in 111 Federal, being on the original patent and referring to Edison, the words, 'He was not the inventor of the film ;" and you printed the same words again in heavy black type, taken from the opinion of Judge Lacombe, in 151 Federal, where he says : "He was not the inventor of the film." You are referring in this document there, are you not, by this film, to the same sort of motion picture film as you now claim is covered by patent No. 12.192? A. No. 1 didn't refer to that film, and I never understood the statements of either of these Courts to refer to that film. I understood their statements to refer to the raw stock upon which the motion pictures were printed and the fact that Mr. Edison did not claim to have invented the raw stock or basic material upon which the motion pictures were printed, seemed to lessen his chances of sustaining a patent upon the motion picture strip. Q. The raw stock, that is, the raw sensitized film, you admit is the creation of the Eastman Kodak Company? A. The basic material, comprising the celluloid base with sensitized emulsion coating, I understand to be the invention of