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. 259. 2557 Appeals. That the Biograph company was given an opportunity of taking a similar license, which they refused to do unless placed on a more favorable basis than any other licensees. The affidavit denies the validity of the Latham patent. The affidavit of George F. Scull, employed in the legal department of the Edison Manufacturing company, was read, regarding the publication of various statements, and stating that he prepared Bulletin No. 15, but denies that it was meant to mislead. John Hardin, Chicago manager of the Edison Manufacturing company, made affidavit to the effect that films complained of can be secured from other parties than the Kleine Optical company, and a similar affidavit was made by D wight Macdonald, secretary of the Film Service Association, admitting that he sent out Bulletin No. 15 to the members of the Association and a few of the trade papers. Two Questions Involved. During the course of his argument, Mr. Dyer said: "In the ] 'resent case it seems to me that there are two questions involved, one commercial and the other legal. The commercial question is the question of the advertisements, the statements which are circulated. In every patent suit where a patentee is seeking to secure his rights there is bound to be more or less misrepresentation and exaggeration. That must be freely admitted The American advertising man finds it very hard to be conservative. Those statements, however, are very conservative. They are statements that any patentee might make, who believes that he has a valid patent, particularly a patentee who had not been able to have his patent sustained until eleven years after it was granted, and especially a patent with the moral support of every American manufacturer behind it, recognizing it." Disapproves of Ballet hi Xo. 15. In regard to Bulletin No. 15, Mr. Dyer said: "I absolutely disapprove of that, your Honor, and when the matter was called to my attention I was horrified to think that a statement of that kind should have been sent out ; and although that particular bulletin is no longer circulated I presume the effect has been done. But we are par