The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-16
OPINION OF JUDGE GREER.

As I write with difficulty ! can only state the COZ
illusions to which my mind has come after a careful
examination of This case.
The complainant has exhibited a patent dated
25th Of April, 1865. This Is prima facie evidence o.
a good title, and puts on :he respondents the bur
den of proof that the patent Is void or worthless.
year vs; Day u Wall, Q. C. Rep; 229,) but now
adopt them as sfiording a rule OF decision which an
plies clearly to the present case.
~, a. .n the infringe in!ri1'ssm as;1a 10 Of the patent Is admit. led,
plainanIs patent Of April Is, 1883.
at was after speculation had been reduced to
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance OF the people on the subject, and
persuading the public that his invention was useful:
after he had established its great utility and value
spite OF sncers and scofis," were completely s,c.
cessfnl, that Reed, who had before made expert.
ments on the same subject, and was unsuccessful,
imagined that he had the best right to the inyeniion.
AID after purchasing one or more complainant. Tor
pedoes, he applied on tho LIST of November, 1851.
Tor a patent for substantially the same combina
tons oil devices and ~ achinc contained in COMPLAIN.
ants patent. On the 18th of the same month the
respondents formed themselves into a company or
corporation called 'The Reed Torpedo Company
for the purpose OF pirating the c0mplainanis in
%vention, and supporting the expense of litigation,
and thus defraud him of the fruits. They have per
severed, even after the preliminary Injunction very
properly granted by the District judge.
Let Il decree be entered for complainant for n per.
petual injunction, and a Master appointed TO lake
an account according to the prayer Of the bill.
h. Z. GRIER, Judge.
NorE.-Thep passage referred to BY Judge Grier in
his former decision, y Wallace, p. 300. adopted as
app icabfe to this case was rs follows:
at Is usually the case, when any valuable discoy.
cry is made, or any new machine Of great utility 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
ments. Philosophers anu mechanicians NAV lave
III some measure anticipated in their SPECIFICATIONS
sne possibility or probability of such discovery Or
inventions; many experiments have been successful.
~ tiled, coming very near. yet falling short of the
desired result. They have produced nothing beue.
hclal. The invention whel perfected may truly be
said to be the eliminating point OF many experi.
men q, not only by the inventor, but by many 9th.
ors. lie may have pr0fted indirectly BY the unsuc.
cessful experiments and failures of others, hit IL
gives them no right to claim q share Of the honor of
speculation has been reduced to practice, when OK
pertinent ha, resulted In discovery. and when that
discovery has been perfected by patient ara cOntin.
ued experiments, when some new compound, art,
manufacture, OF n machine has been thus produced
which Is useful to the public, that the party making n
becomes apublic benefactor and entitled 10 a natent'
sand yet when genius and patient perseverance,
have at length succeeded, In spite of sneers and
SCOTS, some valuable invention or disco-ery, how
seldom Is ii followed by reward Envy robs him
OF the honor, while spectators, swindleIs, and pi-
rates rob him of the profits. Every unsuccessful
experimenter who did or did or did not come very
near making a discovery now claims 1t. Every one
who can invent an improvement or vary its form.
claims u right to pirate the original discovery. We
need not summons Morse, or blanchard. or Wood.
worth to prove that this IL the usual history of eve
ry great discovery or invention.
1.-The present case aods another chapter to this
long ana uniform history."-2 Wallace, q. q Ka.
ports p. 292