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

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37 of litigation. The Anthony Company had notified the Edison and Biograph Companies in the latter part of 1902 or the early part of 1903 that they were violating the Latham patent. (IV, 2067, fol. 3.) Those companies disregarded the notice. The patent was acquired by the Biograph Company shortly after that company had declined to join the Association of Edison Licenses, which commenced to do business about February 1, 1908, under the so-called Edison licenses. As soon as the Biograph Company obtained the patent it brought numerous suits against the Edison Mfg. Co.,. Edison Manufacturing Licensees and a few suits against exhibitors using the films of the Film Service Association and against rental exchanges identified with the Film Association. These suits were undoubtedly brought as a retaliation for the numerous suits intituted on the film reissue patent about the same time by the Edison Co. against the Biograph Company and its exchanges and exhibitors although this purpose was denied by Mr. Marvin. (Ill, 1288.) The Latham patent applies to a detail of construction in the projecting machine. It has been held by the Circuit Court of Appeals for the Second Circuit not to apply to cameras. (See decision printed in full in Vol. VI, 3393 et seq.) The headnote says: The Latham patent No. 707934 for a projecting kinetoscope can not be construed as to any of its claims as in any way a camera,