Memorandum for the the Motion Picture Patents Company and the General Film Company concerning the investigation of their business by the Department of Justice / submitted by M.B. Philip and Francis T. Homer. (1913)

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on» sur-oK e itiiat the long and -tsdioua litigation ::onC'^rnin.3 this nateat was at an end. in one of the nainy suits -/hich were eubaecuon'-.ly broui'jMt, and in xnLch injimctir-ne were granted against infringers, it wbf contended l<y the defendants tnat there v;fig unreasonable clel-.y in diacirtimin. the fourth cl'^im, which h-.d been held void, and that the latents Corn->any could not, therefore, prevnil. ^'hin view wrie rejected oy Judf^e -aconibe, but tho Court of Appeals exoresi-ed a doubt on tnc .subject md reverseti, for this re-i?c>n, nia orier of injunctio.i. As the reissue ha-1 so short a tiae to run, it was not deemed wise to contest the -natter by ahor'in,' that the delay in filing the discl«iimer w'>s not unrenron''bl e, in view of the f n ct that there WIS a ch-nce o i' the validity of the fo'irtn ci^-iira being decided by tne ^j^prene Court of the United States in certiorpri proceedings, when tne proper occasion arooo, anri to avoid -„he nece39"-!ry delay of final hearin;, and it W;:;tf concluded to reissue tne i->lisoa ca.nera reissue, at rikin,r out t ni s fourth claira. This wa?? done 3hcrtiy after this decision of the Court of ApDenlP, the new reissue bein;^ numbered 13,329. T/ie rlsBue section clearly gnve tlie rl ,'.nt to surrender the patent and to Fftriko out the fourth ol«ii»,if inv^did, the only penalty being that all suite on the reissue patent so reisimed should co-ne to an end, and tiiere could be no recoveries under them. A nev/ suit -370