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

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43 jecting machines, but the Armat Company had never sold a projecting machine and none of those in use at that time had been licensed by it. Thomas Armat testified that the Edison Company had been the most flagrant infringer of this patent. We submit from the facts and testimony in this case it is clear that the Armat patent had no real value and, like the other patents conveyed by the Armat Company served as a blind or mask to conceal the true purpose of the combination. The only witness called by defendants in regard to the history of the Armat patent was Thomas Armat. (IV, 2118 to 2138 and 2158 to 2185.) The testimony given by Mr. Armat related to remote and immaterial matters mostly occurring in 1901 and 1902. He failed utterly to establish any value in this patent, which was the only patent in respect of which he gave any testimony. Mr. Armat is president of the Armat Moving Picture Company. He produced certain licenses or contracts under the patent No. 586953 issued in 1900, 1901, and 1902 to Burton Holmes and others; these licenses having been terminated years before the combination in 1908, their introduction was objected to by counsel for the Government on the ground that they were immaterial and too remote. (IV, 2118 to 2125.) The Armat Company brought a lawsuit against the Biograph Company in 1900. (IV, 2125, fol. 4.) Mr. Armat produced certain circulars or