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

Record Details:

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47 outright to the purchasers, that is, without conditions attached to the sale. (IV, 2179, fol. 4.) Mr. Kennedy, of the Biograph Company, acquired an interest in the Annat Company before the Patents Company was formed. (IV, 2178, fol. 4.) Although Mr. Armat produced in court papers and licenses with a number of exhibitors executed in 1902 and terminated five or six years before the Patents Company was formed, he made no effort to bring any correspondence of a later date or any papers having a closer bearing upon any of the issues in this case. (4) THE PROSS PATEXT. This patent relates to the form of the shutter. Mr. Marvin testified that the use of the Pross shutter has supplanted the use of the so-called Armat shutter. (VI, 3287, fol. 4.) Therefore, these two types of shutters are competing. Although the Pross patent was issued March 10, 1903, the Biograph Company brought no suit for infringement until the spring of 1908. About the time the Edison Company bombarded the Biograph faction and their customers with suits on the film patent the Biograph Company retaliated with suits under the Pross and Latham patents. The Biograph Company did not pay anything for the Pross patent as it wTas issued to one of its employees who according to his contract of employ 79466—15 4