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 (1914)

Record Details:

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Petitioner's Exhibit No. 255. 2525 machines for exhibiting pictures, and those details are not used at the present time, so that their claim that they are granting licenses under their patents amounts to nothing at all. They have no patents under which they could grant licenses which would be of value to the exhibitor or exchange." J. A. Berst Gives His Views. J. A. Berst, American manager for Pathe Freres, of Paris, was asked by a representative of THE SHOW WORLD his reason for accepting a license from the Edison Manufacturing company, and why he recognized the validity of the Edison claims. "That was a very important matter for us to decide/' said Mr. Berst, "and there is a very good reason for our affiliation with the Edison interests rather than on the other side. "Before the patent on the camera was sustained by the courts our position in this country was about the same as others. We felt that we were free to sell pictures. When the patent was sustained it changed the entire situation, because we wanted to print and make films in this country, and we started a very important plant in New Jersey, which is now working. Cannot Use the Biograph Camera. 4vAt the same time the court decided on that patent, it also held that the Biograph Co. camera was not an infringement. Apparently things seemed equal, but not to us, for we knew perfectly well that we could not make a good film with the Biograph camera. It would have been impossible to make a certain special trick film with their camera. We had to employ our camera, and it was an infringement of the Edison patent. "Another reason was the fact that we were involved in litigation with the Edison company on the film patent, and that suit has not yet been terminated. We were represented by Kerr, Page & Cooper, who were the attorneys for the Biograph company, and were informed by these lawyers that if the Edison company was inclined to push this suit wry hard against us it could obtain a judgment in the higher courts within a year.