The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-02
TO.RP EDOES.
THE ROBERTS
PETaatEuM ,TaRpED0 co.
Office at the
RED PLANNING HILL.
Corner OF Pine and SECOND streets,
Near f'ie Eatiroad,)
TIrUSVLLLE, Pa. :.

Commissioner of Patents In rerasin. TO VIM Reed
pgteut. and the decision otJudgc Il. G. Grer sus-
tanning the Roberts' patent they have Low EkED
the price Of their Torped0es
.TWENTf..PE CENT.
30 that every Operator can afford 10 try To-pcdo
before abandoning Well.
The following is the decision rendered by Jud-e
trier on the twentyseCond t23l day of seutember
lSi9, IN The United States Circuit Cont at Philade
NJ. Keller of New York b T. Lucas and : / Pm.
yiaucc OF Pittsburgh, FOX defendants, and CeorSq
Harding of Philadelphia, and George L. Christy, ol
flttsburgh, for plannE.
OPINION OF JUDGE GRIER.
As write wiIh difficulty can only state the con
clusons to which my mind has come after a care.u.
examination Of this case.
The complainant has exhibited a patent dnted
10Th OF April lSi5 This is pr.md iciu evidence OF
. good title and puts on the respondents the bur-
oen OF pro1t that the patent is void or worthless
need not repeat my remarks in the case of Good.
year vs. Day e Wall G. C. Rep; 2sgl but now
adopt them as sfording rule ol decision which ap.
pics clearly to the present case.
As the infringement OF the patent Is admitted
the only question will he as to the validity OF com
plainanis patent of april %, 1868.
at was atter speculation had been relrcei IN
practice and after repeated experiments that the
complainant succeeded in overcoming he prciudice
and ignorance of the people or the subject and
persua4ins the public that mis- Invention was se.1l;
after he bad established it great utility and value
and ''wnen hls gellius and patient perseverance, in
spite oi sncers and scods,' were completely sue.
Ce5sfu that Reed who had before nipde e-,,ori-
jnents on the same sihiect and wns rits,ocs..f mi
imagined lat he had the best ti-ht to the Invention.
ana aiter purchasing one OF more Cnsuplainants Tor
pedoes. he applied on the ist Of November 1857
Tor patent Tor substantially the same colnuina
ion' Of ccvccs and ehiue contained in complain.
ants patent. On the 10th OF the some month the
respondents formed themselves into "A cOl,ntnv or
corporation called The Reed Torpedo Company -
for the paIpose OF pruting the clmplqinaui's In
NeItiou an 9lpP3ttih me expense OF litigation,
ana this uelIaua aim Of the iruits. They have pc:
seveTe even after me pre- iminary injunction very
properly granted by the District Judge
Let dscFe. be entered for complainant for n per
petpal injunction, aud Master appointed 10 take
al account accordlng to the prayer Of the bill
X. O. GRIEa, Judge.
NorE-The passage referred to by fudge Grier in
his former decision, j Wallace p. 2Q9 adop,ed as
appiicahie to this ease was as follows:
1T Is usually the case when any valuable di,cov
cry Is made or any n5w macnine OF great ulijty is
lnvanIeu thdt theaitenIion of the public has been
turned 10 that subject previously ana that many
persons have been making researches and cyreri
meuts Philosophers amt ma maclanCians NAV have
IN sane MEASURE anticipated in their speculate
ihe possibility or prOnhUtlty of such discovery nr
Ingen lou; many experiments have beer. s,lcccszr1
" NE j. coming very near. Yet falling shor, Of the
Ce'l.SI result Iiity have produced nOthnr h9nr-
fetal. The invention whe perfected NAV truiv he
said to be the eliminating point OF many ey1eri-
mon s. not Only by the Inventor, but BY many 9th
urs' He may nave praitteg indirectly by the ln.,lc
cesslul experiments and failures of Others INT II
gives them no right 10 ca N share OF the bcuOr of
TIC pron. or the sHccasstu inventor 1t IS whom
speculation has been reduced to practice, whom pv-
pertinent has resulted IN discovery oui when .lor
discovery ha' been perfected BY patient ana contin
led exp 'Fments Whel some new compound arr
mtnuMCtulc, or machine has btan tLu4 Droduc.i
winch 10 ussul TO thepIbic thatthe marty tlaigiri
becomes apu5c bena factor and entitled "a a Uafent
"And yet Whengeniu5 and patient p2rsegeranc.
have II length slccaedel. in s;i.e Of suecrs and
sOotsi some valuable iUfentiun or cisco,ery huys
seldom is II followed By reward Envy rnbs him