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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148 Harry N. Marvin, Direct Examination. the Eastman Kodak Company, or somebody connected therewith. Q. The Motion Picture Patents Company owns no patent covering the manufacture of that film, does it, that is, the raw stock? A. It owns no patent covering the manufacture of raw stock. Q. Mr. Marvin, taking up the Latham patent. You stated that you purchased that in the year 1908 for $2,500? A. Yes. Q. That patent had been issued five years previously? A. About that. Q. In your answer you state, at page 33, "Prior to December, 1908, nine suits had been brought by the Biograph Company under the Latham patent, 707,934, dated August 26, 1903" against the companies that you named, including the Edison, etc. These suits were all brought by you after February, 1908, were they not? A. Yes. Q. And after you had refused to join in with the other Edison licensees? A. Yes. Q. Did you not bring those suits in part as matters of retaliation against the Edison Company for the suits that were being brought against Kleine and these other theatres under this patent 12,192, upon wrhich you have stated no suit had been pressed for five years? A. No, I did not. We brought those suits for the purpose of enforcing the patents and securing the revenue under them. Q. Had you been infringing the Latham patent before you bought it? A. Yes, we did. Q. For how many years? A. I don't recollect the exact time, but the limited use that we made of the Warwick camera, infringed the Latham patent. The question as to whether the Biograph camera infringed the Latham patent or not, was one concerning which we had doubt. The owners of the Latham patent claimed that the Biograph camera did infringe the Latham patent and from time to time threatened to bring suit under that patent. Q. Has it been held that the Latham patent does not apply to moving picture cameras? Mr. Caldwell: I object to that as incompetent, the only competent proof of that point being the decree of the Court itself, if there is such a decree.