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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184 Harry N. Marvin, Direct Examination. I do not recall the date of the issue of that patent, but I think it was in 1902 or 1904. Q. I have the statement here that was issued March the 10th, 1903. You owned it from about that time until December 18, 1908, when the Patents Company was formed? A. Yes. Q. Was not the first suit you ever brought on that patent in the Spring of 1908, after you had refused to join in with the Edison licensees? A. I think that is true. I think there were no infringements of that patent until about the year 1907. Q. Then who began to infringe that patent in 1907? A. I think the Nicholas Power Company and the Edison Company. Q, Did you have any direct knowledge of the Edison Company infringing that patent? A. The observation of the machines sold by them. Q. In the years 1907 and 1908? A. I can't speak positively about the year 1907. Q. In any event you began no suit, whatever the reason, until after you had refused to join in with the Edison licensees, is that correct? A. Well, the Biograph Company didn't bring any suit under that patent, but the Motion Picture Patents Company — well, hold on, I am wrong about that. Yes, I think the Biograph Company did bring suit under that patent after it refused to take a license from the Edison Company, and I think that Avas the first suit that was brought under the patent. Q. You brought a suit against one or two theatres, did you not? William Fox, for instance? A. Yes. Q. And the Lyric Theatre. Those were theatres that were using the Edison film and the film of the Edison licensees? A. I don't know about that. Q. Has there ever been any decision of the courts since 1903, upholding the Pross patent? A. No. Q. You brought suit after the Motion Picture Patents Company was formed under that patent? A. I believe so. Q. Have you prosecuted any of them? A. There are some now going forward. Q. Mr. Marvin, you said yesterday, that there were about 150 exchanges about the time the Patents Company was formed and I notice in your answer you state,