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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232 Harry N. Marvin, Direct Examination. This was the purest nonsense for them to so hold, as you will note from an observation of those sketches in the answer. Q. You distinguish then between invention and patent? A. Oh, certainly. You may have a perfactly invalid patent on a bona fide invention. Q. Yes. When you use the statement : "These films were produced by a camera that embodied not only his invention, but the invention of Latham," you do not want to give, by that sentence, the impression that Edison's camera infringed the Latham patent? A. Oh, yes, I do. When I wrote that statement I had in mind the fact that that camera involved the invention of Latham as patented, and was covered by Latham's patent, and I think so still. Q. Then on page 36, you say : "Six or eight other concerns were engaged in importing films from Europe, which infringed Edison's film re-issue." Prior to the formation of this Patents Company, you were contending just the reverse, that the films imported did not infringe Edison's film re-issue patent, did you not? A. No. I claimed the Edison film re-issue was invalid. Q. But you noAV claim it is valid? A. Yes. Q. So, in that respect, your position has changed? A. Yes. Q. On page 45, I see you state: "This respondent, although in form a holding company, is, and always has been in substance a Trustee." Trustee for whom? A. Trustee for the original owners of the patents. Q. On page 55, after enumerating a number of reasons which you urge as justifying the formation of the General Film Company, you state : "Obviously, the exclusive uses vested in the rental exchanges needed reasonable regulation, or else the distribution of films would continue to be unfairly conducted." One of the purposes of the formation of the General Film Company, I take it, was to accomplish that "reasonable regulation" was it not? A. Yes. One of the purposes of the organization was to regulate the supply of film furnished by that organization to its customers in such a way that its customers would derive great benefits. At this point, an adjournment was taken until 10.00 o'clock A. M., Friday, January 17th, 1913, at the same place.