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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150 Harry N. Marvin, Direct Examination. 1 in the Circuit Court of Appeals, you know of no court opinion sustaining the Latham patent? A. Well, we had a suit against the Viascope Company in Chicago. Q. The Vitascope? A. No, the Viascope. Q. Whom do you mean by "we?" A. The Motion Picture Patents Company, in which they were sued for infringement of some of the patents of the Motion Picture Patents Company, and we won the suit, and the Viascope Company was enjoined, but I don't recollect distinctly whether the Latham patent was one of the patents that was sued on or not; the records will show. 2 Q. The Viascope Company did not defend — it is a poor company? A. I don't think they made much of a defense. Q. Were you ever interested in any proceedings, and I mean by you, Marvin and Casler, or Biograph Company, in the Patent Office, relating to the Latham patent on the question of whether or not it applied to projecting machines — and if so, was it not held in that proceeding there that Latham's patent or his specifications did not apply to projecting machines? Mr. Willis: I object to that as incompetent. A. I don't so understand it. I think the proceeding to which you have reference was an interference proceeding at the time Latham's patent was in the office. Q. An interference proceeding with Armat, was it? A. An interference proceeding in which were involved Latham, Casler, Armat, and I think a man named Amat, of Chicago. The issue in that interference, as I remember it, was over a film feeding device in which the interval of pause and illumination exceeded the interval of rest. That interference was 4 finally decided in favor of Amat. Q. Do you know of any other litigation or proceedings on the Latham patent other than those you have named? A. Well, I believe that we have some suits now pending on the Latham patent. Q. Those suits have all been brought since the Patents Company was formed? A. Yes, sir. Q. Did you consult or confer with Kleine — George Kleine — in the preparation of his answer against the Edi