The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-12
OPINION OF JUDGE GRIER


As write with ii.!calty can only state the con
ctI.ions To Niic MY u,Di has come uitcI caru!,,.
examl,auuu OF this cas-.
lnc ct,rl iliipsht has cxaib'tea patent dated
e5th cf April. i'5 rhis Ii prnil lacic evideuc. OF
good titie, ami puts on the respondents -!e bur
don OF troNf that the pi;eut Is VOID or worthless.
neei hut repeat iny tein !Us IN the case OF GOOD
year W. usy y Wall, u. Z. Rei; l.a.) hat now
adopt tEem as .lUidins rule OF decision which ap-
pivs c.edliy 10 the pesens case.
As the Infringement OF tae patent Is admit ted,
the oni, question will he as to tue validity vi com,
plainaus pstent Of apri p is;S.
''it Wa after speculation had been reduced to
practice and a',eriepaa,cd SiCiinIents, that the
coGplarant succeeded in urerconIn.. he prejudice
AID ignorance q! t.n people On the subject, and
pUrsuaGiHe the puJiic Tia; Lis invention useuIl;
after he bad established IT. sIest uI ~ and value
ind "Hhen his :en.us and patient perseverance, in
spite u sneeg- ana scots, we've completely slc.
cess;u, ti'ot heed, who had uelnic made uxperi-
nieni. on inc NC Su.Jaet ani was 0Iieuccers.,,,
ma.riued lar lie had the Uest right to tpe NV cuipi
lad sit.g purchasing "iie of moro CO.panaIl Tor
peaoe- hv applied on ,he ii of Nuyclul,r iSuI
Tor patent iur substantially ia, same cumhina
tuns uI cosce- Anu a,iiine cOnG!in.L N comDiain-
ante patent. IN The lVth o! inC saAtc iuuutn the
respond, nts !oinied theinseiNe, inton comp.uy ~
cOrpor4,.On GU led Tile Heed Torpedo COMPANY"
for the purpose uf iirating the con.p.aihsuus in-
veution, a'i aippnt,;n, ne expense u, litigation,
ard tnl.s deiraud HIN Of the fruits They have yer
sc,e,Ud even after the preiimiiury Injunction very
properly grant:.I by tile DistIiUI Judge.
Lt decree he cElered for com ri,.inlnt for per-
peiuai 'pjuDctiun aid t;astcr u,pun:ed 10 taxi.
All accoult according 10 the prayer oi he bill
~ I. Giti LII, Jdlge.
NorE-Thc passage referred TO bv Judge Grcr in
his former drcisun, W.iiaca, p. 2lg adopteu ,s
al iC..t!e to tbs case was as ioiiows:
at is usually the case, when any valuable Ii,crv.
cry ts nade or rny new machine uf great hit, L.
inverted. INIT ticareitiou of The p.bl.c has leen
turned 10 that subject ptsv,CIs., ami that n.. e
;,ersons have been making researches and csr ri
Meai5 IN lv.opi,rs ANA mechlnicians NAV hav,
IL some mlasure anticipated ia tieir spycuat.vu+
se possibility or r!ph-Diily OF such Gi.cGIp., or
lnrcniol: many experiments have bee. successful.
~ med, coming veiy near yet falling short OF the
desired result They have produced no. Ling hrup.
.cal The Invention wiiei perfected may Truly be
sid 70 he the culmi'"ns POM, %, MANY expert
men =, Iut only by the inventor. bur by uNuy 9TH.
ce,-ful cxprfimeLi, and failures of Others but It
give, them rlg; to ca m share oil the h, nor o.
me proit Of the snrce-sful inventor IL i, when
speculation has brea fct,.cet To practice, when eX-
III cnr.y aa- been peril ny paien, nna conth
uel experiments when some new crinpunnd art
Of machine Las been ,hu ur.tlur.d
which Is Useful to the public, that the party iia.,irg
becomes .public beneiact0r and ,ntil..d Ia cit
sand Yet WHEN genius aud patti, mt .trery.rlIc,,
have Mt length succeedcd, in s,.ie of .i.c cr- and
+co:f., sonlc valuable iaveIu n or cisco eIy how
ssidum Is IL followed by rewnrd Envy inb- hn
pf the hUnr, Va hue sreculRt0Ts swindle s. and li.
rai-s rob him OF the profits. Every Unsuccessful
eXleIimenier wi,u did Or did ur did not come var,
near making q discnyery Now claims it, hyvry on.
who can invent an improvement or vary its iurm
Claims right To pirate thr original Gis;pvtry. N
need not summons worse or Blanchard or Wood.
worth to prove Tat This Is the usual history % eve
~ great discovery or invention.
"'ihe present case ADDS another chGDtpr To This
ong and Uniform history wa-cce, e. n.-
ports p. 201