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)

Record Details:

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J. A. Berst, Cross Examination. 1055 Q. Or that the other defendants who made similar agreements would have a monopoly of the exchange business in the United States? A. I don't understand that. I am sorry to ask you to repeat it. Q. Did you enter into the agreement of April, 1910, Pathe Freres and the General 'Film Company, with purpose of monopolizing the exchange business throughout the United States? A. No, sir. Cross examination by Mr. Grosvenor: Q. Mr. Berst, I direct your attention to an answer which you gave on direct examination, appearing in the record at page 1774, in which you say, referring to the Biograph and Arniat companies: "They always claimed that the Latham patent would stop everybody from exhibiting pictures on machines which were not licensed by them, and I have taken means to reassure many of our customers and tell them that they should defend the suit, and I published even articles in the trade papers informing the trade in general that the Latham patent was of no value, that we knew of other means to project films without infringing on their patents, and that when the time came, we would use those means, but in fact I knew very well it was not true. I knew the Latham patent was a very strong patent, and when I was telling my customers that these patents were not true, I at the same time requested the Compagnie Generate in France to make" — A. My answer is not correct there, Mr. Grosvenor, I said they should defend. I meant we would defend. Q. Is there any other amendment to that answer you care to make now, the answer having been given two days ago and having been nowT read to you? A. Not except what I have just said. Q. You say, "I published even articles in the trade papers informing the trade in general that the Latham patent was of no value, that we knew of other means to project films without infringing on their patents, and that when the time came we would use those means, but in fact, I knew very well, it was not true." Why did you make public statements which you now state were untrue in fact? A. Because I had to protect my own business, and I had to