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

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38 but must be limited to a projecting apparatus. So construed, held not infringed. The only part of the projecting machine covered by the Latham patent is the so-called loop which is a detail of construction. The defendants, however, use the terms "Latham projecting machine" and "Latham camera" to indicate a camera or projecting machine in which there is a loop in the film, although none of the other parts of the complicated projecting machine or camera are affected by this patent. (See Marvin, VI, 3289, fol. 4.) Marvin testified that the Latham patent had been infringed by everybody ever since it had been issued. (I, 124, fol. 1.) In March, 1908, Dyer said that the Latham patent "relates to a detail in the construction of the projecting machines." (V, 2521, fol. 4.) "I do not look upon the Latham patent as a serious thing, in fact it is nothing but a joke in the business. Ever since its issue in 1902 my company has been importuned to purchase it, but I have always regarded it as so unimportant as not to warrant serious consideration." (V, 2522, fol. 1.) The above statement was published in the Show World of March 21, 1904. A week later Dyer said, as published in the Show World of April 4, 1908: The Latham patent was granted August 26, 1902, and according to the people who