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

Record Details:

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42 tains certain photographs and diagrams of defendants' exhibits. Defendants' Exhibit No. 182 is labeled "Jenkins and Armat projecting machine " and Mr. Marvin testified that it is given this name because it has the shutter known as the Jenkins and Armat shutter. (VI, 3287, fol. 2.) Defendants' Exhibit No. 183 contains the picture of a projecting machine entitled " Modern projecting machine " and another machine entitled "Armat projecting machine." Mr. Marvin testified on cross-examination that there is no difference between these two except the difference in the shutters ; one has the Pross shutter and the other the Jenkins and Armat shutter. By reason of the difference in the shutter he terms the one with the Pross shutter a " modern projecting machine " and the other one the "Armat projecting machine." Mr. Marvin also said that the use of the Pross shutter has supp] anted the use of the so-called Armat shutter. (VI, 3287, fol. 4.) If this be true, the Jenkins and Armat patent had no value to the combination, for it was no longer of value in the art, as, according to Mr. Marvin, the Pross shutter had supplanted it. In any event, prior to the combination of 1908, not one of the defendants (excepting the Armat Company) had paid any attention to the patent or considered it of any value. At the time the combination was formed, there were five or six thousand exhibitors in the United States using pro