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)

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2558 Petitioner's Exhibit No. 259. ticularly willing to consent to an injunction from taking advantage of that fact, which of course we will not do.'' In the memorandum of authorities, however, Mr. Dyer stated that while the courts look upon such action as reprehensible, it is more or less irrelevant. Continuing, he said : "I think with the exception of this particular bulletin, which we absolutely disapprove of, your Honor will find that the merits are decidedly with us. The statements are conservative and fair. On the other hand, the defendant has issued false and misleading statements, which are calculated to injure the complainant." Attorney Discusses Profits. Mr. Dyer then argued that the Kleine Optical company made only small profits, and that the exhibitors were the ones who made large profits, some of them paying $25,000 to $30,000 rent, and they were the people naturally selected to recover substantial damages ; that the Edison Manufacturing company was willing to push its suits to a speedy hearing, and would do so ; that if the court was to grant an injunction the Kleine Optical company should be compelled to give a large bond, and that it should give to the Edison Manufacturing company a list of its customers, with additions from week to week, so that the Edison Manufacturing company could refrain from suing the Kleine Optical company customers, and stating further : "We believe that in any event the Edison Manufacturing company should not be enjoined from bringing suits against such of its licensees who have signed license contracts, admitting the validity of the patent, but who have broken those contracts, and are now obtaining films from the Kleine Optical company. As to those people we have an independent right of action, and against those particular defendants we believe we have a right to prosecute our suits." lAnthicum Discusses Exhibitors. Mr. Linthicum followed Mr. Dyer for the Edison Manufacturing company, and in reference to the exhibitors said : "These various fly-by-night concerns are exhibiting these films, and making large amounts of money, and are at present customers of the Kleine Optical company. Now, how can Mr. Kleine make himself responsible, if he would be re