The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-12
OPINION OF JUDGE GRIER.

As I write with difficulty | can only state the con
cili-!ons 10 which m! MIND las come after Il careful.
examination of this case.
The com laiuint ias exhibited "a patent dated
18th Of April, 1865. This i prima facir ryitIenc. of
u good title, ana puts on the respondents the bur.
ten Of pro't that the patent Is void or worthless.
need not repeat my remarks IN the case of Good
year vs.. Dag u Wall, O.. C.. hep; .s9,) hut now
adopt them "a ai.ording a rule ol decision which an.
pics clearly to the present case.
As the Infringement OF the patent is admi, ted,
the only question will be us to the yulidit, vi com,
plainanls patent of Aprii -, 1905.
at was after speculation had been reduced to
| practice, y aud after repeated experiments, that the
complainant succeeded i'll overcoming he prcjuci,o
and ignorance of the people on tie subject. and
persuading the public thai his invention was usenll:
after he had established its great u,inty and value
and when Ills genus anc patient perseverance, in
Ipitc OF snuers and scons," were Completely s,c.
ces,ful, mat Reed, who Lad before made expert.
men,- on the same suhlctt, and was Unsuccessful,
iinnginsd that lie had the best light to tueinvcnlion,
aud after purchasing one of more COMPLAINANT. Tor
pedOes he applied on the asst of November, 1867.
for a patent for substantially the same comhiua
lions Of devices and auhine contained in complain.
ants patent. On the 10th of the same n.oniu the
respondents formed themselves into a company or
corporation called ''Ihe Reed Torpedo Connnnnv.i y
for the purpose OF pirating the compartments in.
v~ention, and supporting the expense ot litigation.
and thus defraud hin of the traits. They have ne,
severed, even alter the preliminary Injunction VERY
properly granted by the district Judge.
Let decree ne entered for complainant for a per.
petual INJUNCTION. and Il Naster appointed 10 lake
Al account according 10 the prayer of the bill.
Il. I. GRIER, Judge.
NorE.-The passage referred to BY Judge Grier IN
his former decision, 8 Wallace, p. 800 adopted as
app ic,bie to this case was as follows:
alt Is u ually the case, when any valuable di.coy.
cry Is Uade, or any llcw machine of great mi ity il
invented. that the attention Of the public ha, been
turned to that subject previously, and that many
persons have ben making researches and eAu.ri
meuts, Philosophers anu mechanicians NAV fay,
n some m, aslire anticipated in their sprcuiatiOns
-.c possibility or productivity of such discovery or
inventions; many experiments have beer successful.
" tIied, coming Yer, near. yet falling short Of the
desired result. They have produced nothing benz.
hcial Inc inveilii0n whei perfected may truly he
-'id to be the Gu mina,ing point 6i many exneli
mon :, not only by the inventor, hut by MANY OH.
Ur.. lie may hav, proiited indirectly by the iinsuc.
ce-sful experiments and failures of others. hui IL
gives them TO right to ca IN Il share OF the he nor of
the prolI Of the successful inventor II IL when
speculation has been reduced to practice, when tx.
perin,ent Ia resulted Ia discovery and when tint
discovery has been perfected by patient ana coutjn.
ued experiments wien some new cc,pDound. ar..
manufacture. or macfinc has been Thu. produced
which Is useful to the public, that the party making il
becomes apgblc bencilctor and cntitle df to a talent.
sand yet wien genius and patient perseverance,
have at length Succeeded, in sIii of sn.ers and
-cOffS, some valuable invention or discovery. how
seldom is il followed by reward Envy rob. him
Of the honor, % hiie spectators, swindle s, and pi.
rlt-s rob him OF the profits. Every un.nccessfn
near making "a discovery now claims IL. Every one
who can invent an Improvement or vary its form.
claims a right to piraie the o,ieiual else VERY. We
need not summons worse. or blanchard or Wood.
worth to prove that MS Is The usual history of eve
~ great discovery or invention.
"Ihc present case ACIDS another chaDter IN fila
long ana Uniform 20 Wallace, q. = Re.
ports p a92