The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-10
OPINION OF JUDGE GRIER.

OIlNlON Vt OOD6E GHlhN.
As l write with difficulty l can only state the con
illusions 10 which my mind has come after a care,u,
examination OF this case.
The complainant has exhibited a patent dated
25th of April, 1865. This Is prima facic evidence OF
a good title, and puts on the respondents the bur.
den of proof that the patent Is void or worthless.
need not repeat my remarks in the case of Good.
| year W.. Da, {. Wall, c. C.. Rep; 229,) but now
adopt them rs a.iording IA rule OF decision which az.
pies clearly to the present case.
As the infringement of the patent Is admit ted,
the only question Will be as to the validity OF com.
plainaius patent OF April p, 1865.
alt was after speculation had been reduced to
practice and after repeated experiments, that the
complainant succeeded i'll overcoming he prejudice
aud Ignorance of the people on the subject, and
persuading the public that his invention was usctul;
after he had established its great utility and value,
and "when his gen Us and patient perseverance, in
spite oil snuers and scoil-,' were completely sue.
ces-.ul, Tat Reed, who had before made expert.
nients on the same subject, and was unsuccessful,
imagined that he had the best right to theinvcntiop,
a d after purchasing one OF more complainant , tor
pedOcs lie applied on the LIST of November, 1861.
for Il patent for substantially the same cOiubjpu
ton. oil devices and - achine contained in complain
ants patent. On the 10Th of the same month The
Respondents formed themselves into a company or
col polrtiiOn called 'The Reed Torpedo COMPANY
for the purpose of pirating the cUmplainaui's In
vention, and supporting the expense OF litigation,
and thus defIaud him of the fruits. They have pef
severed, even after the preliminary Injunction very
properly granted by the District Judge.
Let Il decree be entered for complainant for a per.
peiual injunction. and II Master appointed 10 take
All account according TO the prayer Of the bill
Il. I. GRlER, Judge.
NorE.-The passage referred TO bv Judge Grier in
hi, former decision, 3 Wallacs, p. 100. adopted as
app icabte to this case was us follows:
at ia usually the case, when any valuable di.coy.
cry IL made, or any new machine of great mi ity il
invented. that the attention of the public has been
turned to that subject previously, and that MANY
persons have been making researches and cxprri
ments. Philosophers ANA mechanicians NAV have
m some measure anticipated in their specui atiups
ale possibility or prOrabllily Of such discovery or
inventioii; many experiments have beet successful.
ly tiled, coming very near. yet falling short Of the
desired result. They have produced nothing bene.
fclal The Invention whe, perfected may truly he
said to be the eliminating point OF many expert.
men =, not only by the inventor. hut by many 9th.
ors. lie may hav. l,roilted indirectly BY ihe ilnsuc.
ce.sful experiments and failures of Others, but II
gives them no right to Ga m II share OF the hCnOr of
the profit of the successful inventor 1t IL when
speculation has been reduced to practice, when ex.
discovery has been perfected by patient and contin.
ued experiments when some new compound, art,
manufacture. or machine has been Thu. prCduccd
which Is useful to the public, that the party making il
becomes apublic bencfactor and entitled to q patent.
"And yet when genius and patio ut perseverance
have ut length succeeded, in spite of sneers and
SCOTS. some valuable invention or discovery, how
seldom Is il followed by reward Envy robs him
Of the honor, whiie spectators, swindle,s O.. and ri.
rates rob him of the profits. Every unsuccessful
near making u discovery now claims it. Every one
who can invent an Improvement or vary its form,
claims q right Ia I,iraie the original discovery. We
need not summons worse, or Blanchard. or Wood.
worth to prove that this Is the usual history of eve
~ yr. At discovery or invention.
"1he present case aGds another chapter to this
long ana uniform history. % Wallace, Z. L Re
ports p. 292