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 Xo. 259. 2550 sponsible, for the damages that would accrue to this patentee, if the court were ultimately to sustain this patent, and to award a decree against these particular defendants, and the Kleine Optical company should make the patentee whole for the damages sustained and profits lost by the infringing use of these films? "This manufacturer sells these films, making a small profit on each transaction, and the user makes a large profit. It seems to me that this patentee should have the right to institute these suits for the purpose of preventing the running of the statute of limitations, for every day that goes by we lose the right to go back for damages. I am utterly unable to see of any practical manner in which this court can make this complainant whole as against these irresponsible and fugitive people who are making these enormous profits through the use of these infringing films." Says Complainant is Responsible. Mr. Cooper contended that the complainant itself wras responsible for this condition of widespread use, and for the running of the statute of limitations for four years for the reason that if it had pushed its suit against Schneider it could have had an adjudication at least two years ago, and that there was no adequate explanation for this great rush of suits at the present time ; and further, that the present suit had been filed for two months, and the hearing thereof not been expedited as rapidhT as circumstances permitted. Mr. Dyer then repeated his offer to finish up the Schneider case, if Mr. Kleine would accept that as an adjudication, and would abide by that decision, and not take advantage of the fact that the patent has not been adjudicated. Mr. Cooper said this was absurd, that he would waive no rights of his client, and insisted that he was entitled to interpose all defenses possible. Court Favors Injunction. The Court then said : "I don't believe the complainant lias the right to come in without an adjudication, and keep things in that condition. I don't believe that is fair, and don't believe any court should