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Harry N. Marvin, Direct Examination. 225
not a single concern or individual in the United Stales that was able to do a lawful business in the motion picture art, either in making negatives or positives, or importing or using or renting or constructing machines to lawfully exhibit them." And there is something else I want to read to 3011 on the same page: "Nobody could move lawfully, therefore everybody began to move unlawfully by infringing uses against the one or the other." And on page 40, you say : "There were then two broad factions In the business. On the one side, the Edison licensees, and on the other side, the Biograph licensees, each infringing the patents of the other." And on page 52: ''Prior to the organization of this respondent, no lawful projecting machine was ever manufactured or sold by any person whomsoever.'* On page 16, you say, at the bottom of the page, "Edison, therefore, became an infringer in respect to his camera" referring to the Latham patent. Mr. Marvin, this statement, "That there was then not a single concern or individual in the United States that was able to do a lawful business in the motion picture art, either in making negatives or positives, or importing or using or renting or constructing machines, to lawfully exhibit them." Do you mean to say that each one of these defendants in this suit were doing business prior to the formation of the Patents Company in an unlawful manner, so far as patents were concerned? A. I do.
Q. Each one of them was wilfully and deliberately violating all the patent rights of every other? A. Yes, sir.
Q. Not one of them had any regard or paid any attention to ordinary rules of property rights respecting patents? A. Not to my knowledge.
Q. You had no regard for the patent rights of others? A. We did not.
Q. The Edison Company had no regard for the patent rights of others? A. Apparently not.
Q. As a matter of fact, prior to the formation of the Patents Company, you claimed that you did have a right to sell these films, didn't you? A. We claimed that we had a right on the ground that the patents covering the films were invalid.
Q. This statement and this contention which you make now today, as to the lawfulness of your business, as conducted by you prior to the formation of the Patents Com