The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-31
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OorAAcr 0z Pms nna SECOND Streets,
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TITUSVILLE, Pa. :. :.
Owing To tho iarss mud increasing; aenasd for the
Rober,s Torpsd,es, and the lats decision oi the
Vonmissiouer of pa,ents ii refusing to Wul. Rcd
patent AID the detisi II OF JU,i,c a. Z G,ier rus
ainins the lioberts pitcnt they Lave Low WENEp
the pr,ce Of their Torpedo,s
.TwENrY. .PGR CENT. W.
that every Operator can AFFORD q. try Torpeco
htaVre abandoning Well
The following is the d,cision rendered by Judre
Grier on the twenty second lg2l day of September,
1879, in the United states Circuit Court at Phade
phia: The case Was argued three days by Charles
N. Keller of New York, Is. y. Lucas and s A. Par.
Vance of Pittsburgh, for defendants, and George
uarcing Of Philadelphia aud George II. Chris,y, of
Pittsbargb, for plaintiff -r, ...'i'l !
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusions To which my mind has come after y care!u
examination Of this case. '.tt
25th Of April, 1855 This Is pr.ma lie evidence of
good title, aud puts on the respondents the bur.
den Of proof thar the patent is void or worthless
need not repeat my REMARKS in the case Of Good
adopt them US afordinZ rule o decision which a,,.
plies clearly to the pr resent case.
AZ the infringement of the patent IL admi, ted
the only question will be as To The validity OF cou
plainAns patent Of April 25 ISIS. -
at was after speculation had been reduced to
practice" ana after repeated experiments, that The
complainant succeeded i'll overcoming he prejudice
and ignorance of the peope Gu the subiect and
persuadiug the public thal his inventon wss setul
after lac had establishe! its great utility and yalue
And "when MS gen US and patient perseverance, in
spite OF sncerS and SCOTS, were COMPLETELY sic.
cessfu tnat Reed, who had before made expert.
ments on the same suijecs and was unsuccessful
imagined that lie had the best ht t,e invention
aud after purchasing one more Goa panant's ; tor
pedoes, he applied on the LIST OF November lsb,
Tor patent for substantially the satne co,nbiua
tons of devices aud achine )ntained in conn ain.
ants patent On the 10th OF the same month the
respondents formed themselves into q complny or
cOrporaiiOn called "liie Reed Torpedo Cunpany, :"
for ti,e purpose of pirating the complainans in.
sentlSn snt suIporting the expense oi litigation,
AID thus defraud him of the fruits. They have De.
severed even after the preliminary Injunction Iery
properly granted by tie District Judge
Lei oscree Oe entered Tor complainant for per.
petual injunction and Aaster appointed to t3ks
~ account according to the prayer OF the bill
H. Z. GitlER, Judge.
NoTE-The passage referred 10 by 1udue Grier in
his former DECISION, y Wallace, p. go sLopted "A
app icabie to this case was as follows:
1t Is Usually the case, when any valuable d.coy.
cry Is made, or amy new macins Of great utiity Is
invented esnt tine attention Of the public has been
turned to that subject previously, and that many
persons nave bssn making researches and expert
nlents PHILOSOPHERS anu mechanicians NAV have
IN some meas,ire anticipated in their sp-culatons
the possibility or PROBABILITY Of sueh discovery or
invention; many experiments haye.besn successful.
desired result. They have produced nothing bene.
hcial. The invention wlie perfected may truly be
s.id to be the culminetilg point OF MANY exi,eri.
nen ), not only by the inventor bur by many utn.
ors. he may nav. profted Indirectly by the unsuc-
ce.siul experiments and failures of Others, but IL
gives them no right to clam share of the honor OF
tine profit OF the successful inventor II il when
speculation has been reduced 70 practice wh,n OK.
pertinent has resulted Ia dis ;overy and when tLat
discovery has been perfected by patient ana contin.
ued experiments, when some new .onpound ART.
manufacture, or machine has been thu. produced
which Is useful to the public that the party iny il
becomes apubic btnefactor and entitled to q vatent
"And yet when genius and pati,A nj perseye rance
have at length succe eded, in Spite of sneers and
SCOTS, some valuable Invention or Gisco-ery how
seldom is il followed by reward Envy robs him
Of the honor, whine specula,Ors, swinders apd hi
rates roo MN OF tn. profits Every unsucce.sipl
near making discovery now claims it. Every on.
who eau invent Al Improvement or vary its form.
claims right to pirate the original discovery We
need not summons Morse, or Blanchard or Wood
ry great oiscovery or invention.
1.-The present case aods another chapter to this
long and uniform histOry."-2 Wallace, G. L. Re
ports p. 292.