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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not covering, in hia opinion, a positive motion picture film, but only iK-^-jative taotion nicturo filn, that v^;iit n>: coils ti;e •'combination" h -.9 beon founded. He is in error ns t th(:r.e opiniona. In tno first place, we have shown thr.t the diffci'ent agreements are not based principally upon tnic JCdison film rnissue, but upon t>i e lawf.il rights of the Patents fiorcpany under its patents covering projecting machines, and, secondly, thin Edison film reissue is not a wcrthleas patent. .Ve have heretofore pointed out, what the Court of Appeals, in the oecrnd decision upon the Kdiaon camera reissue held to be tie invention covered ny the claiae, and thp.t noces^irily, the positive notion picture reproduced fro-n the negative m>if'ft by such ir.~ vontion had peculiarities n.n'i cliaracteristics vhlcb were absolutely now with Kdison, en<^ wore not found in the prior art anyy/here. In the next place, the iidison film roiaoue claims a positive motion picture film, ar.d not :nereiy a negative notion picture film, as he supposes. A suit was brought by the ;'atents Company uijainat the Chicago Film Exchange in the ouprorie Couii. of t }ie District of Columbia, in which a large amount of evidence was taken, and able counaei were employed for the plaintiff and the defendant, Judge 'vnllace being one of the latter, and the film -/il