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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Harry N. Marvin, Direct Examination. 231 Q. And you use a perforating machine for that, don't you? A. Yes. And then, if it is negative film, it is passed through the camera, and then it is developed and dried. Then it is used in printing positives. If it is positive film, after it is perforated, it is run through a printing machine in conjunction with a negative film, and the picture is printed on it. Q. All manufacturers do that, don't they? They just take the film which Eastman gives them, and run it through the camera after they perforate it? A. Yes, I think they do. Sometimes the film is treated before it is run through the camera by steaming or some process like that so as to eliminate the danger of static electricity. Q. The fact that Eastman has created this film has made successful, or made possible, the motion picture art, is that not correct? Was there any motion picture art prior to the time when he manufactured his first film? A. There was not. Q. Is there anything that can be substituted today in the camera for this film? A. For photographc film? Q. Yes. A. I don't know of anything that could be successfully substituted for the photographic film of some manufacture. Q. Do you still maintain that this is an accurate statement : "The film contains one essential invention, Edison's only?" A. I do. Q. Is there any patent on that film manufactured by Eastman, do you know? A. I do not know. I think he has patents on his process. I am not sure. Q. On page 35 you say, referring to the films produced by Edison: "These films wTere produced by his camera, that embodied, not only his invention, but the invention of Latham." Is that a fair statement? A. I think so. Q. Has not a court held that the Latham patent does not apply to a camera? A. One court held so, as to two Judges, and one Judge dissented. My opinion is that the two Judges are wrong. Q. The only court that has passed upon the question takes a contrary view from that given in the sentence I have quoted? A. I do not so understand, Mr. Grosvenor. I think the court decided that the patent could not cover cameras, owing to some disclaimer or abandonment or something of that kind of Latham, but 1 do not think that they ever held that the invention of Latham did not reside in the camera.