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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2550 Petitioner's Exhibit No. 250. is preparing and going along to sue the customers of this defendant broadcast all over the country, and advertising these suits in the trade press and public press for the purpose of intimidating and terrifying the trade of the defendant, so it can ruin its business before there can be any hearing on the merits of the case, notwithstanding they have made no effort to bring it to trial, and with the presumption of invalidity against its patent, based upon the decision of the Court of Appeals of the Second Circuit, to which I have referred. "There is no charge against Mr. Dyer, excepting as counsel. He has given out interviews, expressing his determination, and the complainant's determination, to sue everybody whom they claim may be infringing this patent, including all of these users of these films sold by this defendant, and any one else, wherever situated. No Bad Faith Charged. "There is no charge of moral turpitude or bad faith or anything else against Mr. Dyer, and the references in the petition are almost entirely quotations of formal statements given out by Mr. Dyer, who poses as the advertising counsel as well as the court counsel for the complainant, respecting the intention of the complainant to bring the suits, stating that suits have been brought against the Kleine Optical company, and more are to follow against its customers, and against anybody using any films excepting those supplied by the complainant. "I insist that this is a matter of gravest emergency. Their advertisements are going out all the time. This new circular that has just been printed, dated the day this order was made, sets forth a consent decree, not referring to the fact that it was a consent decree, against one of these defendants, entered by your Honor some weeks ago, as an adjudication upon the merits of the suit and the merits of this patent." Mr. Oifield : "Do you mean to say that the defendant sent this circular out?" Mr. Rector : "I do, sir." Court Reads Bulletin No. 15. Judge Kohlsaat was here handed Bulletin No. 15, issued