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

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44 warnings to alleged infringers of the patent, but the circulars introduced by him were all issued in the years 1900 to 1902. (IV, 2125 to 2133.) The Armat Company brought a number of suits during the years 1901 to 1903, which were enumerated by Mr. Armat. (IV, 2134, fol. 4.) They started a suit against the Edison Manufacturing Company November 28, 1903, and obtained an injunction against that company January 8, 1903. (IV, 2135, fol. 4.) Mr. Armat testified that the litigation between his company and the Edison Company was " actively prosecuted," but that it never reached a final determination in the sense of being ended by a final decree of the court. (IV, 2137, fol. 4.) He said it was prosecuted until the Edison Company accepted a license under the patent (IV, 2137, fol. 4), which was in December, 1908. On cross-examination it developed that the injunction obtained against the Edison Company was vacated after a reversal by the Court of Appeals, and after June, 1903, the Edison Company continuously manufactured and sold projecting machines (IV, 2180, fol. 1), all of which machines Armat contended infringed his patent. When cross-examined as to the meaning of the term "actively prosecuted," used by Mr. Armat on direct examination in stating that the Edison suit had been actively prosecuted, these facts developed: Up to December, 1908, when the Patents Company was organized, there had been no final