The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-08
OPINION OF JUDGE GRIER.

ittsuuIS "a, " pid'Huu.
OPINION OF JUDGE GREER.
As I write with difficulty I can only state the con
illusions to which my mind has come after a careitl.
examination of this case. 4
The complainant has exhibited a patent dated
18th of April, 1875. This Is prlma facie evidence of
u goo1 title. and puts on the respondents the bur
den of proof that the patent Is void Or worthless.
l need not repeat my remarks nthe cas-. of Good.
year vs.. DAY e. Wall, {. &. Rep; 40 bat now
adopt them as ailuIIling u rule oI decision which an.
pies clearly to the present ,se.
As the infringement Of the patent is admi, ted,
the only question Will be as TO the validity of com.
plainants patent of April 2I,ls5S.
'lt was after speculation had been reduced to
practice, ana alter repeated experiments, that the
complainant succeeded in oNercun.ing.he ureindirp
and ignorance OF the people On the subject, and
pcrstiadirg the public that his invention was useful:
alter he lad established It's great utility and yalue.
and when his gen u aud patient perseverance, In
spite OF snceT- aud sco!f>,n were completely sue
ccsSful, that Reed, who had Dcitie made experi-
nentS on the s'me %surjc>t, and was unsuccessful,
imagined that lie had the Test li.lt to TIE invention,
a. d after purchasing one "a more COMPLIMENTS tDr
pcioes he applied on the tst of November, 1867.
for a patent for substantially the same combiun
tiuns al devices and a,iii.e Contained in Complain
ants patent. On the 10th of the same month the
respondents formed themselves into a COMPANY or
corporation called 'Ihe Reed Torpedo Coinpany. ~
for the purpose of pirating the c0mplainants In.
vehtloh, aini elpportinI the expense OF litigation,
and thus detIsud him of the fruits. They have nee
severed, even after the pre- liminary Injunction very
properir granted by the District Judge.
Let a Il ,crer he entered for complainant for q per.
petual injunction. aid n hester appointed 10 take
All account according TO the prayer of the bill.
Ii. 1. GHIEk, Judge.
NorE.-The passage referred to bv Judge Grier in
his former d,ci4 On, 8 Wallace, p. 800 adopted as
app ic,bie to this case WAS as follows:
ut Is u-HIll the case, when any valuable di.coy.
cry Is made, or any new machine Of great mi ity Is
invented, that tiIealtcntivn of the public has been
turh'd TO that subject previously, and that na y
persons have he II making researches and exuerf
ncnts. III losDpttrs ANA mechanicians may Iay,
Ws,lne m ast!re anticipated in their sprcuiations
at iuasibi ity or probability Of surh discovery or
E,cn,iuu: many experiments have h e, successful
~ tiiei. couilhi. Very near. yet failing shurt of the
GcSlr I'D result. Iiley have produced noIhing bcnp-
i3lal. The Invention wliei perfected may truly he
sid to b.. the Gu minating point OF MANY exneri.
men :, IA I On y by the inventor, hut by many 9TH
urs. t may Law, pru:!ted Indirectly by The unsuc-
ce>-iui experiments and failures of other, but il
gives theUi no right to ca IN a share OF the he nor of
tge profit OF tile succc-slul inventor n is wh,n
speculation has been reduced to practice. when eX-
perimcn, ha- resulted in discovery and when t,nt
discovery ha- been pcit cted hy patient ana cun,in-
ned experiments when some new compound. art,
manufacture, or machine iAS been iLu. produced
which is useful to the p iplic. that the patty making il
becomes apUbiic bvnelaCtUr and entitled ia "A latent.
"And yet when een'u. and patient perseverance
have NJ length -nCceedej, in spit Q of snt era and
SCOTS, some valuable Invention or discovery, how
seldom l. IL follow ed by reward Envy roba him
Of tue honor. ~ hiie spectators, swindle s, and nj
rates rob him of the profits. Every I'M. ucce.s iul
experimcnter WHO did or did or did not come very
near making u discovery now claims IL, Every Oua
claims u right to pirale the original discovery. We
need nc' summons 40 Sc, Or Blanchard or Wood
worth to prove tI'at this Is the usual history of eve
~ great discovery or invention.
''Ihe present case adds another CHAPTER to this
long ana uniform history."-2 Wallace, q. Z he
ports p. a92