United States of America v. Motion Picture Patents Company and others (1914)

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35 prior to the combination and by the statements of Mr. Berst. A cursory examination of Talbot's work, " Moving Pictures and How They are Made," and Gibson's " Romance of Modern Photography " furnishes convincing evidence of the want of substance to the claim that the six patents dominate the art. IX. Only six of the sixteen patents enumerated in the agreements are to be considered — defendants have abandoned the other ten. Counsel for the defendants in the course of their arguments acknowledged the accuracy of the statement made during the opening of counsel for the Government, that only six of the sixteen patents named in the license agreement are relied on by them. (See also Mr. Church's brief, p. 12.) We maintain that the licensing arrangement under patents was adopted for the express purpose of effecting a combination in restraint of trade the unlawfulness of which would have been obvious if it had not been given the mask of patents ; that the insertion of ten patents, which are now conceded to be so inconsequential as not to have been mentioned in six volumes of testimony or in the prolonged briefs and arguments of counsel for the defendants, were inserted in the licenses for the express purpose of giving the licenses a more'im