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J. A. Berst, Cross Examination. 1959
any suit brought on the Latham patent from 1902, when it was issued, down to the Spring of 1908, when the Biograph Company acquired it?
Mr. Caldwell : Objected to as incompetent and immaterial. The evidence does not disclose any such state of facts as embodied in the question.
The Witness: I don't know if there was, or if there was not.
By Mr. Grosvenor :
Q. You testified on direct examination that the Edison Company brought a suit against you on the film reissue No. 12,192 in November, 1904; is that right? A. That is correct, sir.
Q. Did you, thereafter, during 1905 and '06 and '07, continue to import positive films? A. Yes, sir.
Q. And many positive films were imported by others? A. Yes, sir.
Q. How much testimony was taken in the Schneider suit that you referred to as being the one of the four suits which was selected as the test suit? A. I know that expert testimony was taken by both sides and that it was very extensive testimony.
Q. Three years had elapsed between the bringing of that suit and the formation of the Edison licensees, isn't that right? A. Yes, sir.
Q. And during that entire period, you were importing and others were importing these positive films? A. Yes, sir.
Q. And the case, that is, the Schneider case, had not yet been set for argument up to February, 1908, had it? A. I don't know, sir.
Q. No decision was ever rendered on it, was there? A. No, sir.
Q. Page 1769 of the record, you were testifying as to your return from Venezuela in the early part of 1908; you say that your representative came to you and fold you that several of the manufacturers and importers were willing to take licenses from the Edison Company, providing "I would agree to it, and tin1 next day or a few days later, Mr. Moore of the Edison Company came into my office