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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224 Harry N. Marvin, Direct Examination. had that trouble, did you? A. Prior to that time, the only patent ou projecting machines that we owned was the Pross patent, which was not in common use until 1907, and then Ave did not sell machines with that Pross shutter on them, and so we were not in position to put any restrictions upon any machines. Q. Well, we went into those patents this morning. Returning to this paragraph, which I read from page 44, you say, "To perfect the business of this art, the control must be single and systematic." Now, by "control'' there, you refer to such control as has been exercised by the Patents Company licensees? A. Well, some control. That is a very broad question. I would not like to say offhand without considering just what bearing that had. Q. You say also, "The business needed fair and effective regulation of some kind by single and efficient control." Did you endeavor by the Patents Company and these licenses to impose that single and efficient control which you thought necessary? Mr. Caldwell: That question is objected to as incompetent. A. The Motion Picture Patents Company endeavored to exercise such a control of its licenses as would enhance its business interests by extending the use of its patented apparatus and augmenting its royalties. Q. Read the question, will you please, and see if you can give a yes or no answer to it. The stenographer repeats the question. A. I do not think I can answer that question yes or no. Q. Well, did you attempt by the Patents Company and these licenses to impose or create that fair and effective regulation of the business which you thought necessary? Can you answer that yes or no? A. We did, so far as the actions of our licensees in handling licensed film and apparatus was concerned. Q. I direct your attention to this sentence in your answer, at page 38, the top of it, referring to conditions prior to the formation of the Patents Company: "There was then