The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-22

Owing 10 tho large and increasing demand for tho
Roberts Torpcdoes, and the late decision of the
Commissioner of Patents in refusing to VIM. Reed
patent and the decision of judge r. c. Grier sus.
tanning the koberts' patent they have LOWERED
the price Of their Torpcdoes
TWENTY. PER CENT.
30 thst every Operator can afford to'try Torpedo
before abandoning Well.
The following is the decision rendered by Judge
Grier on the twcnty.second (22) day OF September,
1S In the United States Circuit Court at Philade.
phia The case was argued three days by Charles
yance Of PttsSursh, for Defendants anu and G. George,
iHi.ardng OF Philadelphia, and George L. Chri.,y,
Pittsburgh, for plaintiff.
OPINION OF JUDGE GR1ER.
As write with difficulty can only state tho con
eliisicn to which my mind has come after caretu.
Thu complainant has exhibited patent dated
18th Of April, 1905 This is prma facie evidence OF
good title, and puts on the respondents the bur.
den OF propf that the patent is void or worthless.
need not repeat my remarks In the case Of Good.
year v.; Day u wall, G. c. ReE, 22e,) but now
adopt them as affordins rne OF decision which up.
plies clearly to the present case.
As the infringement OF the patent is admit ted,
the only question will be as to the validity of COM
plainants patent Of April s5, 1883.
at was after speculation had been reduced 10
practice" and after repeated experiments. that the
complainant succeeded In overcoming he prejudice
and ignorance Of the people on the subject, and
pcrsuading the public that his invention was usefn
after he had established its great utility and value
and "when his genius and patient perseverance,. in
spite OF sncer; and scoffs," were completely sue
mcnts on the same subject, and was unsuccessfnj
imagined that he had the best right to the invention,
and after purchasing one more complainant's tor
pedOes. he applied on the LIST of November, 1857,
for patent for substantially tho same combna.
Mons OF devices and " achne contained In complain
ants patent. On the 18th OF the same month the
respondents formed themselves into a company or
corporation called 1.-THE Reed Torpedo Coinpany,"
for tho purpose OF pirating the complainant's in.
vention, and supporting the expense Of litigation,
and thus defpud hin, Of the fruits They have pec
severed, even after the preliminary Injunction very
properly granted by the District judge.
Let decree be entered for complainant for per.
pctual injunction, and Master appointed to take
an account according to the prayer Of the bill.
H. =. GRlER, Judge.
Nors-The passage referred to bv Judge Grier in
his former decision, y Wallace, p. 289 adopted as
app tc.bfe to this case WAS as follows:
ut Is usually the case, when any valuable di.coy
cry Is uade, or any new machine Of great nifty il
invented, that thententton OF the public has been
turned to that subject previously, and that many
persons have been making researches and expert.
menfs. Philosophers and mechanicians NAV have
~ some measure anticipated IN their specu atIOns
the possibility or probability Of eueh discovery or
invention; many experiments have been successful
desired result. They have produced nothing bene
hcial. The Invention When perfected may truly be
said to be the eliminating point of many expert
mon =, not only by the inventor. Int BY many 9th.
ors. He may have proflted indirectly BY The insuc
ce-sfl experiments and failures OF Others. Int II
gives them no right to claim share of the bcnOr of
speculation has been reduced to practice, when ex
pertinent has resulted In dis ,Dvery and when that
discovery has been perfect by patient ana contin
ued exper 'm,nts. when some new compound, art
manufacture, or machine has been thus produced
which 10 useful to the public that the party making II
becomes apublic benefactor and entitled to patent
have at length succeeded, in spi,e of snrers and
scOfs, some valuable invention or discO'ery. how
seldom Is il followed by reward Envy robs him
rates rob him Of the profits. Every unsuccessful
exIerimenter who did or did OF did not come yery
near making discovery now claims Il. Every ons
who can invent an Improvement or vary its form.
claims right to pirate tho original discovery. We
need not summons Morse, or Blanchard, or Wood.
worth to prove that this Is the usual history of eva
ry great discovery or invention
"rhe present case adds another chapter to this
bong and uniform history."-2 Wallace, c. &. Re.
pUfe p. ap2