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2868 Chari.es O. Baumann, Direct Examination.
Q. Was an application made for a preliminary injunction at the beginning of the suit? A. Yes.
Q. Was that granted or denied? A. Denied.
Q. After that, was testimony taken in the suit? A. Yes.
Q. Was testimony taken in Brooklyn? A. Yes.
Q. Was any testimony taken elsewhere? A. California.
Q. After testimony had been taken for sometime, what was done, if anything, with respect to the application for injunction? A. Consented to an injunction.
Q. Am I to understand that the defendant consented to an injunction? A. Yes.
Q. Was this litigation expensive? A. Quite.
Q. Do you recall how much it cost the New York Motion Picture Company to defend, approximately? A. Altogether the patent litigation, about sixty-five thousand dollars.
Q. At that time were you as an officer of the New York Motion Picture Company, fearful of the lawsuits under the patents owned or controlled by the Motion Picture Patents Company? A. Yes.
Q. Was it the policy of your company to avoid lawsuits with the Motion Picture Patents Company, if possible, at that time? A. Yes.
Q. Tn 1909 did you have any knowledge of lawsuits begun by the Motion Picture Patents Company under its patents against various manufacturers or producers of motion pictures in New York City or its vicinity? A. Yes.
Q. What producers were sued? A. Independent Motion Picture Company of America, David Horsley, or rather, the Centaur Film Company.
Q. Do you wish to substitute the Centaur Film Company for the Independent Motion Picture Company? A. No. For David Horsley. lie was the proprietor.
Q. Do you recall any other defendants in 1909 or thereabouts? A. Well, 1909 or 1910, Thanhauser, Carlton Motion Picture Laboratory.
Q. Respecting these lawsuits and the defendants, did yon have any other knowledge excepting rumors of the trade and genera] talk that came to you? A. Yes, I did have.
(>. Had yon talked with any of the defendants? A. Yes.
Q. So that you knew that they had been sued? A. Yes.
Q. Do yon know under what patent or patents these suits were brought? A. Yes.