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:

Something wrong or inaccurate about this page? Let us Know!

Thanks for helping us continually improve the quality of the Lantern search engine for all of our users! We have millions of scanned pages, so user reports are incredibly helpful for us to identify places where we can improve and update the metadata.

Please describe the issue below, and click "Submit" to send your comments to our team! If you'd prefer, you can also send us an email to mhdl@commarts.wisc.edu with your comments.




We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.

Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.

330C> Petitionees Exhibit No. 267. point out before, one cannot use a patented invention because he has improved it. The other questions discussed are carefully considered by Judge Hazel and we see no reason to add to his opinion in this regard. Our conclusion may be briefly stated — Believing, as we do, that Goodwin was the first to produce a transparent sensitive pellicle for use in roller cameras, the conclusion naturally follows that his patent is entitled to a liberal construction. Doubts should be resolved in its favor and care taken not to confuse the art at the date of issue with the art as it existed at the date of the application, eleven years before. So considered and construed, we think the claims in controversy valid and infringed. We fully realize the incongruity of submitting a complicated question of chemistry to a tribunal composed of law vers, even though assisted by such eminent chemists as Dr. Chandler and Professor Main, who have made comprehensible the salient features of an unusually complex and difficult controversy. It is said that a motion is pending in the District Court for an order extending the time during which the complainant may recover profits and damages to the date of the Goodwin patent. This motion was postponed by stipulation until after the decision of this court and we are asked to make this affirmance "subject to the motion and stipulation referred to." We do not see that any action by this court is necessary as the District Court will have full jurisdiction in the premises. The other assignments of error are sufficiently discussed in -Judge Hazel's opinion and we see no necessity for adding to what is there so clearly stated. The decree is affirmed. Mr. Geosvbnor: I also introduce this as part of the cross examination of this witness to go with the diagrams introduced, and particularly with the testimony given by him on cross examination relating to those diagrams and the use of the term "Edison film."