The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-17
ROBERTS PETROLEUM TORPEDO.

Owing TO the large and Increasing demand for the
Roberts Torpedoes. and the late decision of the
Commissioner of Patents in refusing to Nm Reed
patent and the decision of JucIc 4. { Grler su-
tannc the Roberts patent they have LOWERED
the price of their Tcrpedoes
TWENTY PER CENT.
so that every Operator can afford to try Torpedo
before abandoning Well.
Ihe following is the decision rendered by JUDGE
Crier on the twenty-second t22l day of September,
1Sf9 in the United States Circuit Court ut Phladel
phia. The case was argued three days by Charles
NJ Keller of New York. b y. Lucas and ;. A. Pur-,
viance of Pittsburgh, for defendants, ard George
Harding of Philadelphia, and George Ii. Chris,y,
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with iificulty can only state the con
clusions to which my mind has come after carei,,
examination Of this case.
The comrlanant has exhibited n patent dated
25th of April, 1865. This is prma mcie evidence of
a good title, aud puts on the respondents the bur
den Of proof that the patent IL void or worthless.
need not repeat my remarks I'M the case Of Good
year Va Day (2 Wall, c. c. Rep; 229,) but now
adopt them sfording rule OF decision which ap-
plies clearly to the present case.
As the infringement of the patent Is admit ted,
the only question will be as to che validity OF COM
plaiaans patent of April ~ 1858.
1T was after speculation had been reduced to
practice aud after repeated experiments, that the
complainant succeeded in overcoming 'he prejudice
persuading the public that his inveuton was u-efn,;
after he had established its great u,its and value
and "when his genius and patient perseverance. in
spite'of sncers and scohs," were completely sue
cessful. that Reed who had pcrore made expert
'ments on the same subject, and wns unsuccessful
imaaned that he had the hest right to the invention
ard after purchasing one OF more Coaiplainaut-tnr
pedoes he applied on the i-t OF November 1885,
for n patsnt for substantially tho same ccniisg
tions of devices and aChinc contained in COMPLAIN
ants patent. On the 18th Of the same mouth the
Respondents formed themselves into company or
CORPORATION called "'rhc Reed Torpedo Compsny,"
for the purpose of piratin- the cOmpainani's In.
vcnton, and supporting. the expense OF litigation.
and thus defraud him Of the fruits. They have De.
severed, even after the prei'ninary Injunction very
properly granted by the District Judge.
Let decree he entered for complainant for q per
pet,al Injunction. and Master appointed 10 take
an account according to the prayer Of the bill
l.. Z. GiIER, Judge
NorE-The passage referred to BY Judge Gricr in
his former decs'oh. Wallace, p 800 adop.ed as
applicable to this case was as follows:
I'll is usually the case, when any valuable dscov.
cry il made. or any new machine Of great utiity l..
invented. that thea!tention Of the public has been
turned to that subject previously and that many
persons have been making researches and cxneri
ments Philosophers and mcchGnciins NAV have
II some m assure anticipated in their sprclia,jons
the possibility probability of such DISCOVERY or
invention: many experiments have been successful
ly tiled, coming very near yet falling short ut the
desired result. They have produced nothing brnp.
fetal The invention whe, perfected may truly be
said to be the eliminating point of many cy1rri.
men =, not only by the inventor bur by many 9TH.
ors. lie may have protited indirectly hv the irrsuc-
ces-lul experiments and failures Of Others. bt it.
gives theA right to ca IN a share Of the hcnor of
the profit of the successful inventor IL is when
speculation has been reduced ~ practice, when ey.
pertinent has resulted in discovery and when Il M
discovery has been perfected ny patient ana contin
uei experiments, when some new compound art
manufacture, or machine has been rhu, prcdncrJ
which is useful to hepubc,th the pnrtv maxim, II
bepomes apUblic bensiactOr and entitled 10 uatent
'Aud yet when genius and patient perseverance.
have Mt length succeeded, in spite Of sncers and
SCOTS. some valuable invention or disco"ery, how
seldom is il followed by reward Envy robs him
Of the honor Whiie spectators, swinde s, and nj.
rates rob him OF the profits. Every unsncce-siul
experimenier who did or did or did not come very
near making discovery now claims IL. Every ona
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 prove that this il tho usual history of eve
ry yreat discovery or invention.
'The present case acds another chapter 70 this
long and uniform history."2 Wallace, c. &. he
ports p .9a