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Patrick, Warren A. (ed.) / Show world
(April 11, 1908)

Kleine Optical Co. files answer in big film patent infrigement suit; Edison's claims as inventor refuted,   pp. 10-11

Page 10

April 11, 1908.2 I
THE long expected answer of the Kleine
Optical company to the bill of com-
plaint of the Edison     Manufacturing
company recently   Iled against the Kleine
Optical company and others, of Chicago,
alleging infringement of the Edison film
patents, was filed in the United States Cir-
cuit court, Chicago, April 6.  The allega-
tions made in the answer are of the utmost
importance to the moving picture trade,
and the answer is herewith published in
toll. The document wNas prepatred by Ker0;r,
Page & Cooper, of New York sotlcitors for
the defendants, and Rector, libben & Davis,
of Chicago, of counsel.
Answer of Kleine Optical Company.
The specific denials and allegations of the
ansswer are as follows:
I. This defendant admits that it is a
corporation  organized and existing under
and by virtue of the laws of the state of
Illinois and having a regular and estab-
lished place of business in the city of Chi-
cago, in said state. and within the North-
ern District of Illinois, Eastern Division.
IT. The defendant has no knowledge of
information sufficient to form  a belief as
to whether the complainant ever was or
is a   corporation  organized  and  existing
under and by vIrtue of the laws of the
state of New   Jersey, or having its prin-
cipal place of business at West Orange, in
said state, and leaves complainant to male
such proof thereof as It may be advised is
material or necessary.
It. This defendant atndmits  t1tletters
natent of the united Stantes for allegeld nesv
and useful improvements in Kineteronlaie
cameras were Issuaed to Thomeas A. Edison.
besring (late the o1t day of Aunust. 1097,
and numbered r.10S: but lonies, in mann-
nor more specifically hereinafter set forth,
thlat the said Thomas A. Edison was the
frt. original and sole inventer of the said
alleged  new  and  useful tiprovemenat in
Kinetocrslhie   caneras   described   nod
etcinrd in the said letters patent: and r--
nars that the said alleged improvement bed
1ot been knowan or used hsv others in this
countrv. nor patented or descrihed in ans
,rinted publication in this or any foreign
country, before his invention thereof. and
dnies thet the said alleged Imnrovement
bed not beeP in publi use or on sale In
this onuntry for more than two vers prin,
to his anlieatton for the said letters pat-
ent. nd denIes that the saidrl1-eoed in-
-rove-tent had not been abandoned by tha
said Edison.
Letters Patent Not Regular.
TV. This defendant, further acne'vring,
denIes that in making the said aolication
for said letters patent the said Thomas A.
F'(clion complied with all the necesara'
conditions and reouirements of the statutes
of the TTnIted States in such cases made and
provided, and deni's that the said letter,
patent were exenith11 in due form   of law.
as allened in said bIll.
V. This defendant. further answering, ad-
ao its  that  the   said  letters  ateont were
sarrendered to   il e  onmissioner of  1t
eels. and theIt relssaaed letters patent No.
12 .10 avers issaaed to the said complainant
an  lb. ,  0th dov of Septemiber. 19t?. a
elle ged i n the bill of couulsiatt I' do-
nies thalt the slid letters natent No. 5001165
were inoperative or invalid by reeso      r
defective or insufflelnt saelMtlo. and
denis that the alleged error. wabtmer o
inoperativenesa  rd  inuliriaevo  of  lia
specification or of claiming as his lye in-
vention or discovery more than he had a
right to claim  as new. crose froa   iled-
vertene. scident cr mistcke and witheau
any fraadalent or doentive inten ton: and
denies that the said Edi n. h1"c1 reissue.
corrected the defects and insuficiencies of
the speciflietion and  clims of 11,o   -il
leffters  atent. ad denies thatI the sd
Edison in mating the said na        n
rel-aed letters patent, complied with ti
roo"aireassents of the stttt"  of the TTteeld
ga-tes in sorbh cas "mde anlt nonvider-
end ripe  ibat said reiss"d Ttt-lr nat-
ect No. 12,OR were for the samo invn-
i - the said original letters ptntof  1
thait they avers tsstued in diac form  of lsar
Reissued Letters Not Invalid.
VT. This defendant. further answering.
admits that the said reissued letters patent
No. 12,0.0 avers surrenadered to the Cons-
missioner of Patents, and that reissued let-
ters patent No. 12,1f2 avers issted to the
said Th omas A. Edison; but- denies that
the said reissued letter patent No. 12,0.3q
wsere inop erative or invalid by reason of a
defec tive o r insufficient specification, or by
reason of the said patentee claiming as
his own invention or discovery more than
he had a right to claim as new, and that
the alleged error arose from inadvertence,
accident or mistake, and without any fraud-
aleant or deceptive intention, and denies that
theasaid applicationha' amendment corrected
theI defects and Inutfficiencies of tse speci-
fica'tion and claims of the said reissued
letters taateast No. 12.616; anld deasies that
the said application conaplied avith the re-
oulrements of the statutes of the United
States in such cases mnade and procided:
and dcniies that the said reissued 1.tters
patleast No. 12,192 scre for lthe simle inven-
tion as said original letters patent No. 5o9.-
160, or for the same invention as said
reissued letters patent No. 12.03R saisd de-
nies that thas said reissued letters pateant
No. 12,192 were issued in due form  of law
as alleged in the said bill of complaint.
VIT. This defendant, furth-r ansverinea
says that it has no knaltede or informas
tion  th r than  that  set  fothit  in  Ihn  c;,ii1
bill  if  n1plaaint,  1c lller  or  si  ti -a
Thomas A. Edison byaa instruamtent in wri-
Ing, duly executed, delivered and recorded
in the United States patent office, assigned
and transferred   to  the  complainant the
entire  right, title and   interest in  and
to the aforesaid reissued letters patent No.
12,192, and the alleged improvements cov-
ered thereby, and requires strict proof of
such alleged assignment and transfer.
Improvements Not of Utility.
TIII. This defendant, further answcering,
denies that tie said alleged improvements
of the reissued patent No. 12,192 are of
great utility, and that they have been in-
troduced into extensive public use by the
said complainant, and denies that the eom-
plainant has been to great trouble and ex-
pense in and about said alleged improve-
nents in introducing the same into public
uise. and denies that it will be deprived of
large or any gains or profits therefrom by
any unlawful act of the defendant.
IX.   This defendant further answering
denies that all of the principal manufac-
turers of moving picture films in the 'nited
States, believing the said reissued letters
patent to be good and valid and acktnowl-
edging and acquiescine in the validity there-
of. have taken out licenses under the said
reissued letters patent and paid, or agreed
hereafter to pay th-refor. Targe or any sums
of money to the complainant, and denIes
that the coaninleinant will ta danmored land
denrived of large  or any rains ad iofits
-v an  unlawv'ful net o  nfile defendant. oither
1- reason of ttle abrogation of such alleged
licenses or otherwise.
X.   Thlis defendant. further answerine.
dclie that tie said comliaainat ond alt
nr-ais mnahine under its nuthoritv Kin5to-
snia  filmlis emnlovin , onahlrlying. oneratine
or maede ini aecordarce awit  the said reis-
c,'ed letters natent No. 12.102. iave. since
ithe isaine  thereof. given  retire  to fie
nublic that fla samn  are notenteI 1v aflix-1
ice thereto the word "Patested " ta-ether
cith thse dls' and year in whicl th e said
reissued letters nstent were grnnted or that
olh notion las been given to the public
by any other maans.
Denies Vielation  of Rights.
XI.   This defendant. further answering.
denies that it has violatcd any rights of
the complainant, or that it has contrived,
to injure the said complainant. or to de-
prIve It of any benefits or advantaness which
night have accruied to It from said alleged
invention, after the grant of said reinsthd
letters patent No. 12,192. and before the
commencement of this suit. or at any other
time: and denies that it bas, without license
or alowance or against the protest of the
,said comnlainant or in violation of its rights
within the Northern    District of Illinois.
Pastern Division. or els-here within the
United  States, unlawfully   or tvrongfully
mnade, used or sold. or canoed to be nde.
tied or sold, and that it is nosy asaldig,
using or ceiling, or emain  to  e enade.
rd or sold the alleged iaventio set forth
ix sid ree tcd letters patent No. 12.192.
ordee  sfansy ilovitg orfetiiig the same:
n   denies that it st till csaiasl n so to
do., cand that it is tlsreaitesiaag to ceourtiaaa
tlse said alleged unaiisafu ii ea to a large
extenst or, to nasa' extert avisltsoeaver its d-
flana of ens' rie lits of liar eald conwtpaiai-1
oust and deonies that tile said colanulilaisqt-
has suffered or is in any dainger of suaffer-
in  great and Irrepatable loss and injury.-
or asv loss and Injury whatsoevr baa the
noe of this defendant: and denies that the
oenplaliant tans been, or is now biing de-'
prived by any acts of this defendant of any
gnins or nrofits whaicb it might and other-
arise would have obtained: and denies that
any gains or profits hav been received and
nioved by this defendant to the injur
of the complainant throaagh asy linltawfui
ets or doings by the defendant: end de-
idies that it has ever unlawfully made, used
or sold cny Kinetoscopic films in violation
of ,anv rights of the comlainant. or re-
roived or enjoyed any gains or nrofts th-re-
fromn. and therefore denics thiat the com-
ainant is entitled to the discovery prayedI
for in thie bill of complaint.
Traue Date of Application.
XIT.  This defendant. further aiswerinr
ona information and belief, says thaat the
tree date of the nNplicatinon for said orief-
nls letters patent No.0589168 for line ailleged
invention or inventions which purnort to
lp covered lb the said letters patent. was
April 10. 1096. and that the said orliinat
letters patent and the said reistled letters
patent No. 12.192 w'ere and are void 1by rea-
con of the niablic use and sante liv the acid
Thomas A. Edison and lis vortices of Olse
said lleged invention or inventions claimed
in said letters patent and In said roissated
letters patent for more than two years prior
to the date of his said annlication for or-
iginall ltlers patent No. 009,16t.
XiT.   This defndant, further ansver-
11cc ota iaioaaaatioa aid laclief. sna thast tile
said Ttaocas A4. Edisaos. las' reason of it,,
tiroceedliac, !iiItie  Unaitedl Ctiatd  Tatetil
Offr1  it connection vithl the said original
tiaplientio  anud  his a'lsaaeseota  thereini.
abnaI,,l 01c snil allegl icentainn or in-
aentions cdseriad and  lcimed in -aid lOt-
tors paatent. andti is -n  ctotappd fromi (Ilil-
ing the slid batccndonienit and foima issert-
ilae anIs exelcsive rights onder the slid re-
X  r1.  'his roenderat. furither nnscritic
cin Information and balief. sass that rein-
sued letters patent No. 12.192 are invalid
and void becatase tie same wor sectured
Iv  fnrit   an  in  vi ln tion  of  tho  ulco  of
11:0  Patt   Oflii'  ind  liar  tf  it
Stails in sac cases uole and prid-'ed.l.
XV. And this defeidaiit, further anscwer-
ing  on informiation and belief, says that
theo said reissued letters patent in suit are
void and of no    ffect because the alleged
invention  described  and  claimed   therein,
or substantial and material parts thereof,
had been patented and described in certain
lettors patent and printed publications prior
to the alleged invention or discovery there-
of by the said Thomas A. Edison, to-wit:
United States Letters Patent.
Reissue-18,545, Nov. 3. 157, to G. P.
Gordon; 21. 357, Feb. 6, 1861, to Coleman
Sellers; 16.395, Sept. 9, 182, to Dayton &
1K01y: 64,177. April 23, 1067. to millian  N.
Lincoln; 9'.194, Aug. 12, 1069, to 0. I.
Brown; 133,294, Nov. 26. 1072. to C. A.
TVaterbury; 212.a60. March 4. 1879, to E. .T.
Miuybridge: 9,960. Dec. 6. 1001. to Eclwarl
.T. Muybridge; 284.071. Aug. 20. 1881. to
R. Schltterboss: 317.049. May 5, 1081. to
Walker & Eastman: 35,12, Nov. 30. 1006.
to TV. N. Kelly: 376,247. Jan. 10, 1RR. to
A. LePrInce: 27.500. Aug. 7. 1000. to T). 1.
Eckerson: q90l396. Oct. ". 1000. to N. T.
Potter: 421.776. Aug. 5.100. to D. T. Ecker-
son: 452.966. MO   26, I991, to TV. Donis-
thorpe et al.; 259,90. Tne 20. 182. to IT.
Van Havenhergh: 279.,75. Tun 19, 1R0, to
N. .T. Muybridge: 47R.661. Tuly 17. 1092, tO
.T.  Uric,  I,.:  491P 7.  Julv.  17.  109,.  to
T'homs A. Fdison; 5.479. Sont. 4. 1R91. to
.T. P. 7 n  ta.mre:  2.991. Sept. T-   lost.
to Max Msaer: 52t.110. Oct. 30. 1R04, to
..  T' .  Pl 1i1is r  0540. 1 5.  Jun   4.o 1  qc.  1
ne T).   t         " ot Aton. 1. 1007. to P ear
Itement: a. .Tani, 10. 1         10. to T,.  .
--ftc~e      Jnt, s. 1.  1loai  to , . I .
Thopson t-.Anid 55      10. 100c. to A. N.
sofit  500ItS. Ma- 2ft. lse  to P. 1. T--
1:ins: M7.02. March 2t, 1097, to A. &- L.
British TLefters Patent.
No. 2.nn   dated Tuise R. 1071. to  tnry'
esrin Niotolls: Na. 4.241. date   Nov. 9.
17. to Ts. Donisthornr: No. 4.2^1. daed
Nav. 17. 1077. to Charles Eailr Rovnaaid:
No. 10.770, dated Aug. 22, 1006, to .T. TTrie:
No. 2,295, dated Feb. R. 10R. to Charles
Emile Revnaud: No. 10,171, dated Tine 21,
1000. to TV. N. Grecne & M. Evsns: No.
4,707, rdated MYarch 26. 1000. to F. T. Var-
to7: No. 12.794. dated .Tune 20, 1001, to
Psenrgc Demoy: No. 24.457. dated Dec. 19.
1092. to P-orge Demen': No. 7.1q7, dsted
April q, 1001. to 1. T. B. Mills. No. 18.
dated Au. `6. 1095, to Henri .TI1-: No.
17,937 dated Sent. 25. 1000. to W. P.  rone
No. 57,7 dlatei Pebl. 22. P. FT. Des -
vignes: No. 1.060. dated May 2?. 1Ot. to
TV. T. Sicw: No. 0., dated March 16. 1t0.
to Csarlec   B. Linntt: No. 1.447     daed
Mly 2. 1000. to J. H-. Johnson: No. 427.
dnted Jan. 10. 1000. to T,. A. A. TurPrine:
No. 12,911. d'tod  Nur. 1?. 1000. to Daust--
thorne & Proffs: No. 1.017, dated Aril '7
1007, to W4      y 14.  uedtra-: NoAtO. det-l
:rnn. 1t 1000.n Ia P. N. acorns- No t 10701.
dted No-. 19. 1000. ho TV. P.   dses   No.
7.720, 45054d 1,Tarch  0.100   to lleiss
Pyons   No. 1.12!0. da'ted 1001. to Starsee..
IT'itetiill Np. 7.0)62. dated Aeg. 1!).207
to Boateli! .: P'olN.
French Letters Patent,
T. A.   Ucaox,. No. 61970, dslted Mhrol  1.
1001:  ad    er orificate of addition  fltr-to
I-led Doe, e. 1064.   N. Schltorhse   No.
1.4,97". dlferl  April  19.  107.  E.  .  MNT ea,
'o 200.017. cOd Oct. -, 1q90. TV. Diis-
thorpe antd TW. C. Crafts. No. 20.171. dIated
Oct. "0,. 10T.T, IATirey, No 21.20,.
lated  June 10, 1002.  Bouly. No. 21.7 0,
Itec Feb. 12. 1092. G. Denery, No  0.
777. dated Oct. 10. 1092: and   ocrtificat of
cdditis thereto. dlated J1l  27. 1001.  Poe-
sart, No. 200. dated May 5. 1094. Lu-
niee. No. 2t5,       t, ted Feba. 17. 19: sed
rortiew's of ralition thareto, dated March
nn 1001. and May A. 1050.     Werner. No,.
5i "la  dehed Tune 1. TR95. .Tllv. No "59 -
01   dsted Anr. "r. 10..    CPharles t'nlie
eyaaud. No. 194.4,2., dated Dc. 1, 188S.
German Letters Patent.
No. 26,620, dated April 15, 183, R. Sechlot-
Belgian Letters Patent.
Henry Dumont, No. 11,130, dated July 3,
Printed Publications,
The official publicalias  rited and pub-
lished by the United States of America. by
thie ITKitdoin  of Great Britain and Ireland,
lay the Republic of Prance and by ths Em-
pire of Germany. containing the specifica-
tiona oftlae various patents abov'snamed, as
existling psrior to the alleged invention by
Edison, of the alleged improvemenits de-
scribed and claimed in said reissued let-
ters patent No. 12,192.
Anl article entitled "Instantaneous Photo-
graphs," contained in the "Scientific Ameri-
can Stu   alitsee" for May 27. 10, No. 304,
15. 5, 20 published at New Yorte i 1882.
A1 artle enititled  "The  Photographic
h1tr,' oatined  in the 'Scientific Americn a
Saplemet' for .Tun me It, 1000, No. wp6, p.
n21    taciiod at Ness'ooork lia 10Y2.
An article entitled "Antour Pli Ontal
cices.'' conta~iiiod in tse ''Econolyn Daill'
Etadc'' tat Tuatc 1-1, 1.000, al. dally nespaper
ai Tlrooll0-a N. Y.
.Acl articloentasitledl 'A Stacilicig Otatict
Novelty," contained in "The Optical Magi c
'lntera  Totnric and Photographicp 1tclarg-
ci' for, November 15, 1609, p). 4-4, Published
at Tondon, England. in 1089.
Ac article   entitled  "Le  Fusil  Photo-
graphirtue," contained in "La Nature" for
Spril 22. 1002. No. 461, p. 2,>230, pull)-
lishe  ni Paris. FPrane. its 1002.
An  article  enititled  "Th tga ll   (-amI
ra" contained in "The Optical Alagic Lail-
torn Journal & Phtotographic Enlarger" for
April 1, 1090, published at London, Eng-
land, in 1890
An article entitled "A    Machine Cantera
for Taking Ten Photographs a Second,"
contained in the "Scientific American Sup-
plement" for April 1, 1890, No. 746, page
11,921, published at New    York, N. Y., inl
An article cntained in the "Phtorapic
Newvs' for 1890, vol. 24, pages 157-159, pula-
lished at London, England.
An article   entitled  "The  Donta Tele-
phone,'" contained in the "'Scientific Amer-
cin" for August 13, 1002, page 102, puts-
lished in Nes  York, N. Y.. in 1007.
An article   entitled  "La  Chrono-Photo-
raphic,"' contained in tho 'evae Genrral
ales Sciences" issue of November 15, 1991,
puhlished at Paris, France, in 1891.
An   article entitled "L'enseinement nar
les Jeuix." contained in "La Nature." No.
440. of Doernher 31. 1001. pages 71 to 7,
published at Paris. Frnce, in 10t1
,An artielo entitled  "Le Praxinosctne a
Prnietion," contained in "La caire" for
November 4. 1082. naces 257 nd 35, pub-
lishied at Paris. Frenee, in 1002.
An article entitled "Deription of a Ne   I
Optio1   Instrumaont   alled1  t1e  'Str-
irope.' " contained in th  "r itishc 1Assoin-
tion Retots. Proaedlines of ile Pocal s.
clay.' vol. IT.. of 1000. naes 70-73 pua-
liseld at Lonsdon. Englan1d, in 10C.
Huoybridge's 7oogyroscope.
An articen  ntitleI 'Muvbridor'o Zero-
s'o-." ceitaind in th "'Sole       Auteri-
a." yoi XII.. No.       Tutai 7.105. sace,
211 published at Nes- York, N. Y., JIn 5.
An article entitled ''T'h, Pirci 'arTar-
ecnirie,'' roastained ithi "'intifr Arn
ran.     1 ol. TXt.. No. l0. grat. 10. 1000
ia-ic  2O nd 210., published at New Y'rk
N. Y.. In 1009.
An atice etitled "The ZootrI." er-
taineI in tils  "SciltiOr Anarit-in  unnle-
seint." vol. VITT.. No. 1700  Auelo  9. 1l.
ues        published at Now York, N. "r
in 1070.
An  rtilic rntitled "The Attitude oc ani-
as in vontior.' cnntoiw     in t1_ 'eire-
tue .Ameriann Suoan   eent.''  el. NOTV.. ye.
e42. .Tily 10. 1907 naeea 54f5 cntI 1079.
puatliheT at New Tor'. P. Y.. i 1005.
An    rtille  entitled  'Mr.  Fuibhaidee's
Pvbtogralys of Animcs in       oltion  erc-
tltr in"the "ientific Anertees SaipplI-
aset. 1o  XIII.  No. 317.-Issaucs10
100 , publioedl af New Ynrcl. N. Y.. in 13.
An atielr onlituod "T.onoation i" TYPt-
er.. Stlire icc iahotoueranate." reaiv  i-c
ii 'S"ci-nstif~ Aicorice's gauanlomo+"'e
-YXT.. No. 70.0 Tonl. 10. 1091, liSa11tld at
Near Yort-, N. Y.. is 1001.
Anschutz's Motion Pictures.
An artic    enoitlr  "Ansolhusat' i lintii
Pituree nd tso uitioco p ioto.        or."
tatise  an, ta, ''1Plaihadchplsia Phae11oorashe-l
it  NNiSu f      1 002  p   1 0  e "   ptlistid
at Nsso Nok, P.N.  ... its  1h
1   article rntail' in ahe t ameinh1
a;tnala ol aXXTTT.'' ol '7lO or Febu-
cat 1aute n10e 10.usages 07n1lusie.
tidied at Nows Vorte, N.   '., tat 100"
Anl  article  oentained  its  tic  'alln   ulitc-
tion  o  XXTTI.. No. 1o20   far urlarya1
5.1 a7. es92   -20 iclusi
An articl  contained In ftill sie nuabli-
iont. vol. XXT.- No. 700. for .T2nuary 1.
1912 pane    1210-70 12cluuSinlu
As arice contained i the       ciec
Amer vol. "  Xl. N. 7N4. ta  ftitu' A
1001, lances 12.177 to 13.172lalteio
Ae   irtiohe cotlisd  in tise  iiii
Atnrin" vol. IVIO.. Ne.2 oT.Iiii
11. 1007. paes 102 sad 103, publishid   t
Newy ort. N V., in 1007,
An r, ticle coastined in "Corent   Fe"-
duas.'' vol. 04. of 10.2. naco 900 to tt.
'netausive, published  at Paris, Franc-. in
An article contained in the same publica:
tIon, vol. 107, October 15, 18ss, pages Old
to 609 inclusive.
An article contained in the same publica-
tion. vol. 102, for October 29, 1069 Pages
627 and 678.
An article contained in the same publica'
tion, vol. III.. for November 3, 1890, pages
626 00 629 inclusive,
An article conained in Wilson's "Quar-
ter Century in PhotographY," page 493.
published at Ness Tore. N.   V nlo.
Edison Not Original Innt
XVI    This defendant, further answerin
on informaltion cod belief, saysthiat saide-
issued ltlers patent No. 12.192 cr5 aIad
and of no fords, and effect far the r .esdt
that the said Edison was not the origina
or first inventor or discoverer of the alleed
improvement therein described and claimed.
or of any substantial and material parts
thereof, and that the saneas leta 1n.
Ead ased by Muybridpriowho alasie   tieit
thsereof by) said Edison as folos', towi
At San Franscis"., Cal.. llttlela'n. N._
,nad cesavhere withain the Tlailted Sqtaleslt
Pclcja-ard A. Mdiyhridgc, as-lao residis 01t
Francoisco, Cal.                         h
At Brooklyn, N. Y., cud elsewrer   whioi
Ite tUnited States, by  T. C  Lvisl wah
resides at Trooklyn, N. Y.       b
At Orange. N. J., and elsewhtrt      witint
thue United States, by William K   L Dirt'-
son x as nos eesidil" a Lidi rtne11
At Phsiladelphia PaI   aned elsesaade "utt-
its tie United States, by James SWT. Bonta,
asho resides at Philadelphia. Pa; and ot1-
ers whaose names and      addresses aren
Iiown to tlia defendant. blt which th
defendanutS'n It-ale    tc set up t, n
ah 0
----------              010

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