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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33G0 Petitioner's Exhibit No. 272. Edison licensees own non-infringing cameras; and why accept Edison licenses if that be the fact? Does the answer rest in the necessity of finding some means to justify and validate the attempt to restrict the number of film subjects placed upon the market and to legalize certain other operations which would otherwise be considered as in restraint of trade? Some Edison licensees are attempting to deprecate the quality and volume of the Independent supply of films. The answer will be found in our four-page advertisement in this issue of THE SHOW WORLD. Sample prints of every subject can be seen at our Chicago office. We have a full stock of some in Chicago, while the balance is in transit, or about to be shipped from Europe. They will be released from day to day in such quantities as will not disturb market conditions for Independent exchanges, giving a continuous supply, rather than an enormous output within a limited period, thereby obviating a congestion and avoiding an oversupply at any one time. HOLDS PATENTS INVALID. Certain interests not generally known in the motion picture trade, wishing to obtain an opinion covering the validity of the Edison patents on films, empowered their patent attorney, John R. Nolan, No. Ill Broadway, New York, to make a thorough and impartial investigation of the merits of the claim. In a written opinion which is comprehensive and unbiased, lie decides clearly and unqualifiedly against the validity of the Edison patents. Several points are brought out by Mr. Nolan which have not been previously emphasized, and which will prove interesting to everyone concerned with motion picture films. I quote from his opinion : "In compliance with your request for my opinion as to the scope and validity of reissue patent No. 12,192, dated Jan. 12, 1904, to Thomas A. Edison, for Kinetoscopic Film, I have to advise you as follows: "I have examined the said re-issue; the original patent No. 589,108, dated August 31, 1897; the first re-issue No. 12,038, dated Sept 30, 1902, and the decision of the U. S. Circuit Courl of Appeals for the Second Circuit, involving the original patent.