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2510 Petitioner's Exhibit No. 263.
1 manufacturers; Italian Ones, Williamson & Co., London, and Williams, Brown & Earl, who import certain other lines of English films.
"As the bearing of these patent claims is of the utmost importance, and appears to be so slightly understood, not ouhT by the rental exchanges but by the exhibitors as well, I will attempt to explain the situation as briefly as possible, as I understand it.
Edison Patents Litigation.
2 "Mr. Edison received letters patent No. 589,168 on Aug. 31, 1897, covering moving picture cameras and films. Litigation ensued between himself and the Biograph company, the latter being made defendants as infringers of this patent. The question was fought through the courts during an extended period, and the final decision upon this patent was rendered by the U. S. Circuit Court of Appeals on March 10, 1902, by Judges Wallace, Lacombe and Townsend, disallowing the Edison claims in toto.
"The court stated in effect that application should have been made to cover the specific apparatus used by Edison,
3 and that the attempt to cover the entire moving picture art, broadly, could not stand.
"Edison then applied at the patent office for a re-issue, dividing his original claim into two applications for patents, one of them covering his specific type of moving picture camera, and the other covering motion picture films. Letters patent No. 13,037 were granted thereon, Sept. 30, 1902.
"Suits were then brought against the Biograph company and others for infringement of the camera claim, and these were strenuously defended for the Biograph com^ pany by Messrs. Kerr, Page & Cooper, whom I consider the most thoroughly informed firm of patent attorneys on moving picture matters in the United States.
Decision Applied to Camera, Only.
"This litigation passed through the lower and the higher courts, and a decision was rendered early in 1907. In order to understand the question properly it must be emphasized that this decision applied to the camera only,