The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-17

Grier on the twenty second (22) day of s.n,emSe,
1869, in the United States Circuit Court At PhlN
N. Keller OF New York, b. T. Lucas and 5 A. p.
viaucs Of Pittsburgh, for defendants, and I,o,,,
Harding OF Philadelphia, aud George H. lhtsy III
Pittsburgh, for plaintf
OPINION OF JUDGE GRIER' |
Az write with difficulty can only stat. tn. e..
clusieps to which my mind has come after cs,,i
examination of this case.
The complainant has exhibited a patent dr..
25th Of April, lSG5 This Is prima iacie cyidenc,
. good title, aud puts on the respondents the bu,
den of proof that the patent Is void or worthless.
need not repeat my remarks in the case Of Good
year Va Day q Wall, Z. {. Rep; 22g,) but nas
adopt them a. aiiording ruls ol decision which q,
plies clearly to the present case.
As the infringement of the patent il ADMITTED
the only question will be rs to the validity ot COZ
plainants patent Of April %, 1858.
II was after speculation had been reduced 70
Practice. ard after repeated experiments. that a.
complainant succeeded in over coming the prriutr.
and ignorance of the people on the subject All
pcrsuang the public that his Invention A. ss u.fa
after he had established its great utility and y,a.
and when his genius and patient perseverance ,
spite o sneers anu scoif-,' were completely .rs
cs.sful that Reed, who had before msd- eIpr.
ments on The came subject and wss unsucc.,siu
and after purchasing one or more complainant .toi
pedoss, he applied on the lst OF Noven.ber, ISL,
tor a pStsut for substantially the ssme comb!n,.
ons Of devic, rand machine con- aimed in couplA-
ants patent On the 18th Of the sauie monih tt,
respondents formcd thsnse Ives into u cOmpan, q,
cor porati0n called The heed Tori edo ,ompsrv'
Tor the purpose II pIatlng the CON plainants I.
vention, and supporting the oxpensee oi lit gl,vl
and thus dcfraud him Of the fruits. They have u.
served, even amer the prelimSry injunction ve.I
properly ,r,nItcd by ii. district Judge;
Let degrees ea entered for CONF lanlI for PEI
petua irJun c;ion; and Master, appointc t, t.s,
al account according 10 the payer Of Ihe.bLa +.
X. {. GlEk, JnGss
bis former decision, Wallace, p. 2g9 ADOPTED I,
app icAbis TO this case WAS asfOllows:
cit is usually the case, when any valuable diser
cry 10 nlds, or any new machine Of great riity
Invented rat the attention of the pubic has by.
turned to thss subject previously, and that m,ul
persons hsse been making researches and eIper
msnts. Philosophers ana mechanicaus NAV hT
IN some measure anticipated in thsir speculation
.he possibility or probability of such discovery n
invention; many experiments have been sIicc,.s'G
y tlicd, coming very near. yet fIliu. short Ui III
desired result. They have produced nothing hen,
dcai The Invention whei perfected may truy'
said to be the eliminating point OF many eIlsr
mons, not only by the inventor but by many ul.
Urs. lie may hay. prUfited indirectly bv the in,c,
ce'sful experiments nd failures Of othef-, hut
gives thsln no right to clam share of the hCu0r
the profit of the successful inventor II is vile
spetu alton has been reduced to practice when e
pertinent ha- resulted in discovery mud when ia
discovery has been perfected 10y patient ana cont.
usJ experiments, when some new compound Al
manufacture, or machine has been thus prOdu,'
which |. useful to the public, that III party making
becomes apnbiic bencIactor and entitled to pstsl
"And yet when genius aud patient pcr.cyerinC
have at length succeeded, in spite of su.er. al
| scohs, some valuable invention or Gisco"ery, ho
seldom Ia IL followed by reward Envy lob. BIZ
OF the honor, while speculators, swindeis. sud r
rates rob him of the profits. Every un,ucee.Iiu
sxlerimenter who did or did or did not come wr
near making discovery now claim. 1t. Every 0l
who can invent ali Improvement or vary its ION
claims right to pirate the original discovery "
need not summons Morse, or Blanchard, or wco'
worth to prove that this is the usual history OF ev
ry great discovery or invention.
"The present case ACIDS another chapter to Il
long and uniform history."-2 WAllacs,t T. Z n
ports p. 2s3