The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-18
OPINION OF JUDGE GRIER pr

w lNlOAN or UODJE EllER HM
As write with difficulty can only state ,hs ~.
clusions TO which my mind has come after a ., ~
| examination OF this case.
18th of April, lo6o. This Is prina face eyiene.
| good title, aud nuts on the Respondents The b,
den OF proof that the patent Is void or worthle.
need not repeat my remarks in the case of Co.
| year w. Day e Wall, &. e. Rep; 229,) bat ~,
adopt them as Anording n rule OF decision which A.
| plies clearly to the present case.
As the Infringement of the patent Is adml y,
the only question will be as to the validity Of ou
plainans patent of April p, 1858.
Il was after speculation had been reduced 10
practice. and after repeated experiments ih. N.
complainant succeeded in over coming the prri.tt,
and ignorance of the people on the subett ,pI
persuading the public that his invention wa, mad
aft'r lie had established its great utility and ys.
and when his genius and patient perseyerlrceb h
spite o. sneers ana scOhs,' were complctely y.
| stul that Reed, who had before miie ey.
ments oa the same subject. and was unsucoe,v
| and ai,er burIhasipg one or more complanaui',p, d,
pedoes, he applied on the LIST of November Is,
Tor patent for substantially the zane comb.a
ons oil devices and machine contained in compl,n
ant patent; On the 18th Of the same mons Il,
respondents formed thense ives into a compan,
cor Grafton called ~ he ieed Torpedo CUmlstt
the purpose Of piratlng tho ooinplainali.
vention, aud supporting the expsnsee of li,iaipa.
and thus deiraud him Of the fruits. They have a.
served, even amer the prel.mary injunction JsJI
properly granted by tie strict Judge:
Let degree be enfer''d for comI lainiTt fofa
petual injnn c;ioD and Master appuinte to !-li|
an account sc,oicingy to the payer Of th9bl vi
r. c. GiuEk, jug,
NoTE.-The passage referred to by Judge Gre, Al
his former decision, Wallace, p. 2Sy adopted IS
app fcabie to this case WIS as follows.
ut Is usually he case, when any valuable d.syJ
cry Is made, Or any new machine Of great utility 4
fAd flsnNs . sn.a. Aat,f IL. -
turned 10 that subject previously, and that IA
persons have been making researches and e1,,n
ments. Philosophers and meChanicans NAV tl
III some measure anticipated in their specu.h'
.le possibility or probability Of such discoyeq
invention; many experiments have beeI slcces.
ly tIisd, coming Very near. yet falling short Of a
desired result. They have produced nothing h1
hclai. The Invention when perfected may tal
S'ld TO be the Gu lminating point OF many eIi'
men =, not only by the inventor. hut by mai! %
oTs. lie may hay. profted Indirectly by the us
cessfui experiments and failures of olher. bu
gives Them no right to cla IN share oi the bclG
the profit OF the successful inventor II is VIA
speculation has been reduced to practice, whtl 10
pertinent has resulted i'll discovery. and when y
ulscoVcfy has been perfected by patient anc eC.l
ued experiments, when some new compound
manufacture, or machine has been thus pntlt
which Is useful to the public, that the party laAni
becomes apublic benefactor and entitledto lsia
ana yet when genius and patient peTse'eli.
nave at length succeeded, in spite Of sut,s 81
Scoifs, some valuable invention or disCO"eyy, 10
seldom is il followed by reward Envy ToDs lht
OF the honor, While speculators, swindels, and pI
rates rob him Of the profits. Every un.ucCe''iuI
experlnenter who did Or did or did lot cone va "
near making u discovery now claims il. EyG!A
who can invent an Improvement or vary its tn
claims right to pirate the original discovery
need not summons Morse or Blanchard, or W@
worth to prove that this is the usual history Of
ry great discovery or invention.
'lle present On ulIa nrntbor cLnntpY 10
long ana uniform history."-2 alace,. T.
ports p. 292