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

As I write with difficulty | can only state the con
illusions 10 which my mind has come after n care!u.
examination Of this case.
The com plainnnt mas exhibited n patent dated
25th Of April, 1866. This Is prima iacic evidence OF
a good title, aud puts on the respondents the bar
den of proof that the patent Is void or worthless.
l need not repeat my remarks III tlc case of Good.
ycar ". Day Il Wall, {. G. Rep; x2g,) bat now
adopt them as saording a rule OF decision which ap.
| plies clearly 10 the y. escnt case.
! As the Infringement uf The patent is admit ted.
| the only question will he as to the validity of com.
plainGnis patent of April -, 1868.
at WIS after speculation had been reduced to
| practice and alter repeated experiments, that the
complainant succeeded III overcoming he prejudice
and ignorance OF the people on the subject, and
persuaciug the public that his invention was useful:
,aftsr he had established is great utility and value,
and "when ills gcnu, auu patient perseverance, in
spite of sncers and scoli-,' were completely sue.
cess ful, that Reed, who had before made cxpari.
ments on the same subject, and was unsuccessful,
Imagined that he had the best right TO theinycnt;On,
AID after purchasing one Vi more Co!nplainant', tor
pedocs, he applied on the lst of November, 1867,
for a patent FOR substantially the same comhina.
ions OF devices and 10 aChiue contained in complain
auts patent. On tho 10th of the same month the
respondents formed themselves into u company or
corporation called "ihc Reed Torpedo Companv,n
Tor the purpose Of pirating the comulaiu.ui's in.
v%ention, ana supporting the expense Of litigation,
and thus deigaud him of the fruits. They have pef
severed, even after the preliminary injunction worry
properly granted by the District Judge.
Lea Il decree he entered for complainant for q per.
petual injunction. and a Aaster appointed 10 t.he
All account according to the prayer of the bin.
X. [. GhiER, Judge.
NorE.-The passage referred to by Judge Crier In
his former decision, 3 Wallace, p. 100, adopted MS
applicable to this cas- was a. follows:
at is usually the case, when any valuable discoy.
cry is made, OF any new machine OF great utiiity il
invented. that tie attention of the public has been
turned to that subject previously. and that many
persons have bctn making researches and experi-
ments. Philosophers anu mecianicianJ may have
N some measure anticipated in their specrlations
she possibility or probability of sseh discovery or
invention; many experiments have been successful
ly illed, coming very near, yet falling short of the
desired result. They have produced nothing bene-
fetal. The Invention wf,eL perfected may truly be
s.id to be the eliminating point OF many expert
men :, not only by the i~uveutOr, hut by many 9th.
Grs. lie may hev, pr0iitsd indirectly by the unsnc.
cessful experiments aud failures of others, but il
gives them no right to ca IN II share oil the honor of
tie pruht of the successful inventor II il when
speculation has been-rcduced to practice, when ex.
pertinent has resulted in discovery. and when thar
discovery has been perfected by patient ana contin.
ned experiments. VIXEN some new compound. art,
manufacture or machine has been thus. produced
which Is ~usefult to the pubiiC, that the party making il
becomes apuhlic bencllctOr and cntitledt 10 a patent.
"And yet when genius and patient perseverance,
have at length succeeded, in spite of sncers and
SCOTS, come valuable Invention or discovery, how
seldom Is IL followed by reward Envy robs him
of the honor, Nhiie spectators, swindlcis, and nj
rates rob him of tho profits. Every unsusce.slnl
eypsrimcnler who did or did or did not come very
near making u discovery now claims it. Every ono
who can invent an improvement or vary its form,
claims u right 10 pirate the original discovery. We
need not luminous Morse, or Blanchard, or Wood.
worth to prove that this is tho usual history of eve
ry great discovery or Invention.
1.-THE present case ADDS another chapter TO this
long and uniform history - Wallace, Z. q Re-
ports p. 2J2