The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-18
OPINION or JUDGE GREER.

As I write with difficulty | can only state the co,
clu>ions 10 which uv mind has come after n car.iu
examination of this case.
| Vhc com ldsuaut has exhibited n patent dated
%ltl oi Airil, 1870. fni' j. pr ma iacie evidence ul
4 good title, and puts On the respondents the bur.
den of lrort that the patent j. Void or worthless.
/ nccu not repeat IN, remarks ia the case of Good.
year ". Da, e Wal G. C. hep: .2gJ bat now
adopt them a. aloroing IA rIlc o, decision " Itch az.
p icH clearly to the , esent case.
A. the Infringement OF the patent is admit ted,
the onil question will be rs to the validity OF com
plaiuau.s patent of April -. 1865.
''lt was aIter speculation lnu been reduced IN
practice, and after repeated experiments, that ia,
complainant succeeded in uycrcDn, ins he prejudice
and i%gnuttncc OF the people On the subject, and
persuadirg the public that his invention was uscnil:
ater he had established liz great utility and value,
and "wlien his genus and patient perseverance, IN
spite o. snrer- and scoHs,n were completely $40.
cc--itl, tat Reed, who had beiole uindc exneri
ment- on the sumo SUBJECT, and was Unsuccessful.
imagined that he had the best light to theinNeniou.
n d alter purchasing one % more CON plainant Tor
pefucs lac applied On the iSt of November, 1St;.
for a patent for substantially the sani. comLipa
tiUns oil devices and achiic contained in COMPLAIN.
ants patent. On the 10th of Tie same month nm,
respondents formed themselves into a comnnnv ~,
corporation called ''lAc Reed TORPEDO Coinn,ny.'
Tor the purpose of pirating the cumpiain,ni's in.
ventiOn, Anu supporting the expense az litigation.
and thus teiraud him Of the irult.. They have pee
severed, even after the preliminary INJUNCTION VERY
property gr,ntcl hy the Distinct judge.
Let Il decree he entered for, accompaniment for n per.
petual INJUNCTION. and II destcr appointed to tak.
III NNS'N'h " nv ihhlf I bl lIt OIL
Il. 1. GREER, Judge.
NOrE.-Thep passage referred TO by Judge Grier In
his FORMER dc son, ) Wallace, p, 300 adopted as
app icsbic to this case was as follows:
'ly is usually the case, when any valuable di.coy.
cry IL wade, or any new macline of great ui .ity i,
invented, that trcaltcnticn of he public In. 6eru
TUNED tu that subject previously, and thar mntV
persons nave BEEN making researches anu cxueri
ments. ihlO- pucrs aud meChinicians NAV iay,
IN some m asure anticipated in their 80, en- ntion.
gIe possibility or probability of such discovery or
lnNtntion; many experiments lave hreL succes,rut.
~ tIIrd, coming very near. yet failing short If IN.
desired result, They have pruduced nothing bpnr.
neal The Invention Whei perfected NAV truly he
said to be the eliminating point OF many cxnpri
men :, moi ON y ny TIE inventor. hut by ma,tv 9TH.
or.. te may hly, pruitct Indirectly by the in.rr.
ce 'sful experiments and failures OF Others. but If
gives them DO rig,.t TO c n m II share OF The he nor of
the profit OF the successful inventor IL is when
speculation has been reduced to practice. when ey.
pertinent ha- resulted IN discovery and when tim,
di~coNcry la> be n perfected 10y patient ana cuniin.
ned eNprrlnl suits, when some. new comDOund ART
manufacture. or macnine has been I'M, prudncpd
which il ~use.ulto the public, TINT the party iunkineit
becomes npuhlic benciactor and entitledt to a pa,eut,
"And yet when genius and pntit nj pprscy.rouc,
nave ut length succeeded, in spie of snters and
scoffs, some valuable invention or oisco"ery. how
seldom Is it followed by reward Envy robs linn
oil TIE h"n9r, Wine spectators, swindleis, and pi-
rates rob him nj the profits. livery ur.nceessful
eNperi!nen;er VINO did " did or did not come very
near making u discovery now claims IL. Every ons
VINO can invent an Improvement or vary its Iurm
claims "a rIsht 10 plrate The original discovery. W
need not summons Worse, or Blanchard. or Wood
worth 10 Prove that M Is the usual history OF eve
~ great discovery or invention.
THE present case adds another chapter In tbis
long and Uniform history - " allace, L. L Ne
ports p 202