The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-29
OPINION OF JUDGE GRIER.

As write with difficulty can only state the con
ciu-ions 10 which my mind has cOnie after careiu
examination of this case.
The COM ilninlnt has exhibited patent dated
th OF April, le65 This is prlma tacie evidence vi
good title, aud puts on the respondents the bur.
den OF pro"t that the patent Is void or worthless.
heed not repeat my emarks IN the case of Good.
yea-v-: Day t2 Wall, {. c. Rep; 2.9) bat now
adopt them ailording rule oi decision which an.
pics clearly to the present case.
As the Infringement of the patent is admit ted,
the only question will be rs to the validity vi com
plainans patent of April 2j, ls5S.
'lt was after speculation had been reduced 10
practice aud after repeated experiments. that the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject nud
pcrsuading the public thai his invention was usetnl:
after he had established its gieat utility and value
ana "Mhen hls GENUS anu patient perseverance, IN
spite of sncers and scOi-," were completely s;c
ces-ful, that Reed, who had before made expert.
ments on the SAME subject, and was Unsuccessful,
imagined tbai he had the best light to the invention
AID after purchasing one more complainant (. Tor
p-does. he apped On tine LIST of November 1871
for patcnt Iur Substantially the same combiua
tiOn- ol devices and = achiIe contained in comp ain
aut'S patent. On the 18th of the same month the
respondents formed themselves into u company or
corporation called "'rhe Reed Torpedo Cuinpsny,r
for tue purpose of pratiny the cUinpainaui'y In.
vention, and supporting the expense OF litigation,
ard thus detfauu him of the fruits. They have nc,
severed even alter the pre- iminnry Injunction very
properly granted by the District Judge
Let dscrer be entered for complainant for a per
~
All account according 10 the prayer of the bill
H. Z. GRlEk, Judge.
NorE,-Thc passage referred to BY Judge (;rirr in
his former decis'on Wallace, p. 300 adopted ny
app ic,bie to this case was IA follows:
at Is usually the case, when any valuable di.cuv.
cry is made, or any new machine of great uiity il
invented, t!nt the attention of the public has been
turned 10 that subject previously, and that mapy
pers ons have been making researches and exp.ri
neu's Ph'losopn,rs ANA niechnncians may have
N some M, astire anticipated in their sDecla
possibility or probability of such discovery or
inventions; many experiments have been successful.
y tIied coming very near yet falling short ,t the
desired result. They have pr0duced nohng bepe.
fc,al The Invention uheD perfected may truly he
said to be the eliminating point OF many experi
men :, not only by the inventor, but by many 9th.
ors. lie may hav. proited indirectly by the i,u-uc.
ce-sful experiments and failures of Others, but n
gives them no right to ella IN share OF the he nor of
the profit of the successful inventor II IL when
speculation has been reduced to practice when cx.
pertinent ha- resulted in discovery and when that
discovery has been perfected by patient and cOnin.
ued experiments, when some new compound. art
manufacture, or machine has bean thu produced
which is useful to the public, that the party making II
be'umcs "pubiic benciactor and eptitsdto patent.
sand yet when genius aud patieut perseverance,
have at length succeeded, In spite of snpers and
scOffs some valuable Invention or Gisco.ery how
seldom is il followed by reward Envy iobs him
Of the honor white specuatOrs, swindlers g. and pi-
rates rob him of the profits Every unsuccessful
near making II discovery now claims IL. Every ons
who can invent an Improvement or vary its form,
claims u right to pirate the original discovery We
need not summons Morse or Blanchard or Wood.
worth to prove tllatSi- is the usual history of eve
ry great discovery or invention.
1.-THE Present case auds another chapter to tbis
long and uniform history ."-2 Wallace, C. q Ke.
ports p. 2sa