The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-06


TORPEDOES.
THE RUBERTs
.rBTR0LyBM TDRPID0 co.
Office at the
RED PLANNING MILL.
Corner OF Pine and Seeoud streets,
Near the Rntiroad,,
TfTUsviLLE, PA.
Owing " the large and increasing demand for the
R0befts Torpedoes, and the late decision of the
CoulniEoier OF Patents in refusing to VIM. Reed
patent. AID the decision OF Judge II. &. Giier sus
tainirg the Roberts, patent they have LOWERED
tse prize Of their Torpedoes
TWENTY. PER CENT.
- that every Operator can afford ,U'try Torpedo
eesore abandoning Well
The following is the decision rendered by Judcc
Srier on the twenty second (22) day of September.
lSt9, in the United States Circuit Court at Phade
pnia The case was argued three days by Charles
ri Keller Of New York, d. T. Lucas and S A. Pnr
Vance Of Pittsburgh, for defendants, and George
Harding Of Philadelphia, and George H. Chrisly. Of
FIi-sburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusions to which my mind has come afier n carsS,
examination Of this case.
The complainant has exhibited patent dated
18th Of April, 1865 This is prima fcie evidence OF
den Of proof that the patent is void or worthless
need not repeat my remarks in the case of Good.
year vs.: Day Il Wall, c. c. Rep; 229,l bnt now
adopt them as affording rufe,Oi decision which nm
piles 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 2j, 1853.
"lt was after speculation had been reduced TO
practice" and after repeated experiments that the
complainant succeeded in overcoming he prejudice
md ignorance of the people on the subject, and
persuading the public that his invention was useful;
after he had established its great utility and value
and "when his genius and patient perseverance, in
spite of sncers and scOils,' were completely suc.
cessful, that Reed, who had before made experi.
ments on the same subject, and was unsuccessful.
mngiued that he had the best right to the invention
and after purchasing one or more complainant's
pedoes he applied on the lst of November, 1897
for patent for substantially the same combina,
tions of devices and machine contained in complain.
ants patent. On the 18th of the same month the
respondents formed themselves into q company or
corporation called "Thc Reed Torpedo Conpany.n
for the purpose of pirating the compainani's in.
vention, and supporting the expense of litigation
and thus defraud him Of the fruits. They have pe:
severed, even after the preliminary Injunction yery
properly granted by the District Judge
Let decree be entered for complainant for per-
an account according to the prayer of the bill.
X. G. GRIER, Judge.
NorE.-Thc passage referred to bv Judge Grier in
his former decision, Wallace p. 800 adopted AZ
applicable to this case was as follows:
ut is usually the case, when any valuable discov.
cry IL made, or any new machine Of great u,ity il
invented, that the attention Of the public has been
turned to that subject previously, and that MANY
persons have been making researches and expert.
ments. Philosophers ana mechanicians NAV have
IN some measure anticipated in their spec,ilatiOns
the possibility or probability of such discovery or
invention; many experiments have been successful
ly tiled, coming very near. yet falling short of the
desired result. They have produced nothing bene.
fetal. The invention when perfected NAV truly he
said to be the eliminating point of MANY exDeri- !
mems, not only by the inventor hut by many 9th. |
ors He may have profted indirectly by the ,nsuc-
cessful experiments and failures of others but il
gives them no right to claim share of the honor of
the pront OF the successful inventor 1t is when |
speculation has been reduced to practice WHEN cy
pertinent has resulted in discovery and when that
discovery has been perfec by patient and coutjn
ued experiments when some new compound, art |
manufacture, or machine has been thus produced /
which is useful to thepublc, that the party making il
becomes apublic beneinctOr and entitled to patent
Sand yet when genius and patient perseverance
have ut length succeeded, in spite Of sneers and
sCOffs, some valuable invention or dscO-ery how
seldom is IL followed by reward Envy robs him |
OF the honor, whilc specuatOrs, swindlers and pi
rates rob him Of the profits. Every unsuccessful
exporimenter who did or did or did not come yery
near making q discovery now claims it. Every ons
who can invent an improvement or vary its form
claims right to pirate the original discovery We
need not summons Morse or Blanchard, or Wood.
worth to prove that this is the usual history of eve
~ great discovery or invention.
"The present case adds another chapter to this
long and uniform history."-2 Wallace, c. C. Re.
ports p. 292.