The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-17
OPINION OF JUDGE GRIER.

As I write with difficulty | can only state the cor
illusions 10 which my mind has come after a careiu
examination OF this case.
The complainant has exhibited a patent dated
18th of April, 1865. This i, prima facie evidence of
a good title, and puts on the respondents the bur.
den of proof that the patent il void or worthless.
l neea not repeat my remarks in the case of Good.
year vs.. Da, q Wall, @. C.. Rep; 2s9,) but now
adopt them as aifording a 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 rs to the validity OF com.
plainans patent of April rs, 1883.
'It was after speculation had been reduced to
practice, " and after lepeated experiments, that the
complainant succeeded III overcoming he Lrejudicc
and Ignorance OF the people on the subject, and
pelsuading the public that his invention was uscmI:
after he had established its great Unity and value,
and "When ms genius ana patient perseverance. in
spite OF sncers and sCofs," were completely sac.
c%essiul, tnat l'eed, who had before made cxpcri.
menls on the same subject. and was unsuccessful,
imagined that be had the beat light to IA in, ention.
aud after purchasing one OF more complainant Tor
pedoes. he Gpplied on the list of NOVEMBER, IstI,
for Il patent for substantially the same combina
tiUn- OF devices and achiLc contained in COMPLAIN.
auts patent. On the 10th of the same month the
respondents formed themsel YES into a company or
COT ioIation called ''Ibe Reed Torpedo Company"
for the purpose of pirating the cumplainani's in.
md thus deflaud him Of the fruits. They have pef
severed, even after the preliminary Injunction fery
properly granted by the District Judge.
Let a decree be entered for complainant for a per.
petuai INJUNCTION, and n Master appointed to take
an account according 10 the prayer Of the bill.
h. I. GlIER, Judge.
NDrE.-Thep passage referred TO bvJudge Grierin
his ioriner DECISION, 3 Wallace, p. 300. adopted as
app ics,bie to this case was as follows:
at l. Usually the case, when any valuable discoy.
cry is wade, or any new machine of great utiity IL
invented, that the attention of the public has been
turned to that subject previously, and that MANY
persons have BEEN making researches and experf
meats. fhilasuphtrs ana mechanicians NAV lave
N some MEASURE anticipated in their speculations
.Ie possibility or probability of such discovery or
inventions: many experiments lave beer successful.
" TIED, coming Neiy near. yet falling short of The
.elred rsfn3t. They have produced nothing bene-
neal. The tnYeiilol wiet perfected may truly he
sid to he the eliminating point OF many experi.
men :, not oniy by the invei tor. bur BY many 9th.
ors. re may hay. proilted indlloc,ly by the in,uc-
ce>sful experiments and failures of Others, but IL
gives item no right to cha m n share oil the he nor of
tie pratl of the successful inventor II il when
0peculeti3n has bsen reduced to practice, when ex.
pertinent ha. resulted in discovery and when thnt
discovery has been perfected by patient ana con,in.
Iied experiments when some new compound. art,
ipgaufnciura. or machine has been thu. produced
which Is useful to the public, that the party making n
becomes apullic b,nciactor and entifledt to a patent. |
Sand yet when genius and patti, ut perseverance, |
have at length succeeded, in spi @ Of sneers and
SCOTS, some valuable Invention Or OiscO"ery, how
seldom Is il followed by reward Envy robs him
of the honor, while spectators, swindleis 8, and nj. |
rates rob him of the profits. Every unsuccessful
experimcnler who did or did or did not come ytry
near making a discovery now claims 1t. Every on.
who can invent an Improvement or vary its fprm. |
claims u 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 |
~ great discovery or invention.
1.-The present case andS another chaDtpr tn this
long ana uniform history."-2 Wallace, Z. q Ke.
ports p. 292