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George K. Spook, Direct Examination. 2989
Q. At any time while you were in the exhibition or exchange business, prior to the time you became a producer or manufacturer, were you ever threatened with litigation over the patents? A. I don't remember.
Q. Well, do you recall whether you ever received a circular or other notice from the Arniat Company as to infringement of the Armat patent? A. I don't recall that; no, sir.
Q. Did you ever while you were in the exhibition business exhibit in Washington, D. C? A. Yes, sir.
Q. Did you have any trouble with Armat there? A. Yes, sir, I wTas compelled to pay Mr. Armat a license fee of twenty five dollars for the week that I exhibited at the Chase Opera House there with the Orpheum Road Show.
Mr. Gbosvenor: What year was this?
The Witness: I believe that was in — well, I can't state exactly. I think possibly 1902, or 1903.
Mr. Grosvenor: I object to this testimony, and move to strike it out on the ground that it relates to a time too remote to have any bearing on the issues in this case, and is entirely disconnected with the testimony previously given by the witness.
By Mr. Caldwell:
Q. Was the Essanay Company sued in 1908 by the Biograph Company? A. Yes, sir.
Q. Did you know in 1908 of the pendency of the litigation between the Edison Company and the Biograph Company? A. Yes, sir.
Q. Over their patents? A. Yes, sir.
Q. What effect, if any, did this litigation have on your business in 1908? A. Why, it had anything but a good effect. The business was in a very uncertain condition, and was not in such shape as to make one believe it was a good thing to invest money in.
Q. At that time, in point of fact, had yon been contemplating investing further capital in your business? A. Yes, sir.
Q. And did the pendency of that litigation act as a deterrent?