The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-29
OPINION OF JUDGE GRIER

As I write with difficulty can only state the con
chisons to which my mind has come after "A carefn
examination of this case.
The complanant has exhibited patent dated
18th OF April, lS65 This is prma facie evidence of
good title, and puts on the respondents the bur
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,) bat now
adopt them as affording rule Oi decision which an
plies clearly to the present case.
AS the infringement of the patent is admit ted,
painarIts patent of April 25, 5,1S5S.
at was after speculation had been reduced TO
practice and after repeated experiments thar the
complainant succeeded in overcoming he prejudice
ana ignorance or the people on the subject and
perstading the public that his invention was usefr
after he had established its great utility and value
and "when his genius and patient perseverance, in
spite 0t sneers ana scoifs, were completely sue
cessful, that Reed, who had before made cyneri
ments on the same subject, and was unsuccessft
imagined that he had the best light to the Invention
and after purchasing one OF more Complanau,' tor
pedoes, he applied on the LIST of November. 1887
L'r patent for substantially the same combina
uons OF devices and machine contained in COMPLAIN
ants patent On the 10Th Of the same month the
respondents formed themse Ives into a company or
corporation called "The Reed Torpedo Conpanv. y
for the purpose of'prating the complainani's in
Ve1tion, and supporting the expense of litigation.
IND thus defraud him of the fruits. They have ner
severed, even after the preliminary Injunction verv
properly, granted by the District Judge
Let decree be entered for complainant for n per
pctual Injunction and Master appointed TO t,ke
All account according to the prayer of the bill
II. Z. GHlER, Judge.
NorE.-The passage referred to by .Judee Gr;-r IN
ms iorner declson, Wall;ice, p. 800 adoptcd as
applicable to this case was as follows:
1T is usually the case, when any valuable discov
cry Is made, or any new machine Of great mi itv l.
Invented. that tue attention of the public has h.an
turned to that subject previously. and that man
persons nnve Deen making researches and eyperi
hents. PHILOSOPHERS ana mechanicaIs NAV have
tn ssme measure anticipated in tier specuiatious
me possibility or probability of such discovery nr
invention; many experiments have been successful.
y ued, coming very near. yet falling short of the
desired result. They have produced nothinrr hena-
hciai The invention when perfected NAV irlly he
sad TO be the cuminatine point of MANY eyneri-
mon ., not only by the inventor, but by many mn
org. lie may have proitet indirectly by the in
cessful experiments and failures of other.. hnt II
gives them no right to clam Il share of the honor o
sie pront OF the successful inventor II il Uber
speculation has been reduced to practice when ey
pertinent las resulted i'll discovery and when tGnt
discovery has been perfected ny patient ana contin
ueu cHperlmelts, when some new compound art
manufacture. or machine has been rhu, produgId
which Is useful to hepublic that the party ioa,Ii1
becomes apublic beeiaCtor and eutite ed 10 a nrfent
"Ano yet when genius and patient Dslseyeranr-
have nj length succeeded, in spito of rnpers and
SCOTS, some valuable invention or discovery. how
seldom Is II followed by reward Envy robs him
Oh me nonor, while spectators, swndels, and pi-
Rates rob him of the profits Every unsncces strl
eXperlincnter who did or did or did not come very
near making discovery now claims it, Every on.
VINO can invent all Improvement or vary its ;,rm
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
ry great discovery or invention.
"The present case ADDS another chsnter IN th;s
long and uniform history."-2 Wallace c. c, lie.
pOrts p. 202