The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-03
VaosI3e;7 PETROLEUM ToRPECO

"
THE RUBERTs
PETROLEUM ToRpEno co.
office Mt the
RAD PLANNING MILL,
Corner Of Pine and second streets,
Near n HailrOadO
TITUsVILLE, PA.
Owing to the large and increasing demand for the
Roberts, Torpedoes. and the late decision OF the
Commissioner of Patents In refusing to VIM. Reed
a patent, aud the decision of Judge X. Z. Grier sus-
taining the Roberts patent they have LOWERED
the price of their Torpedoes
TWENTY PEI CENT.
40 that every Operator can afford ~ try a Torpedo
before abandoning a Well.
rhe following il the decision rendered by Judge
Grier on the twenty second t22) day of September,
1869, in the United States Circuit Court mt PhiladeI'
phia. The case was argued three days by Charles
NJ. Keller OF New York, b. y; Lucas and 5: A. Pur-
Vance of Pittsburgh, for defendants, and George
Harding Of Philadelphia, and George ii. Chrisly, Of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GREER.
As I write with difficulty l can only state the con
illusions to which my mind has come after n careful
examination of this case.
In. complainant has exhibited a patent dated
25th Of April, 1850. This Is prima facie evidence of
a good title, and puts on the respondents the bur.
den OF proof that the patent is VOID or worthless.
1 need not repeat my remarks nthe case of Good
year vs.. Day u Wall, c. C.. Rep, z.9,) but now
adopt them a. ~atiOrding u rule OF decision which APP
plies clearly to the present case.
As the Infringement OF the patent 10 admitted
the only question will be as to the validity of com.
plainanis patent of April Is, 1858.
alt 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 this subject, and
persuading the public that his invocation was useful;
after he had established its great utility and value,
and "when his genius and patient perseverance, In
spite of sncers and scOtts," were completely sic
c~cssful, that Reed, who had before made expert.
ments on the same subject, and WAS unsuccessful,
imagined TINT he had the best right to tue invention,
aud after purchasing one OF more Complainant's tor
pedOes. he applied on the lat OF November, 1867,
FOR q patent for substantially the same cOmbina.
tons of devices and ! aChinc contained in complain.
aut's patent. Un tho 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 compartments In
~ventiOn, and supporting tine expense OF litigation,
and thus defiaut him Of the fruits. They have per
severed, even atur the preliminary Injunction very
properly grAntei by tile district Judge.
Let a d Cree he entered for complainant for q per.
petual injInction, and u Master appointed 10 take
au account according To the prayer Of the bill
Il. Z. GHlER, Judge.
NorE.-The passage referred to bv Judge Grier In
his former DECISION, 3 Wallace, p. 29J, adopted as
app icabie to this case was as follows:
at Is usually the case, when any valuable discov-
cry IL wade, or any new machine of great unity l.
invented, that tncaitention OF The public has been
turned to that subject previously, and that mary
persons have been making researches and expert
meats. Philosophers ana meciIanicians may have
III some nj, ASSURE anticipated in their SPECIFICATIONS
ale possibi,ity or probability Of such discovery or
inventions; many experiments lave been successful
ly tiled, coming very near. yet falling short of the
desired result. They have produced nothing beue-
fetal. The invention whei perfected may truly be
sid to be the eliminating point Oh many expert
men 3, not only by the inventor, but by many 9th.
ors. lie may hav. prOtited indirectly by the Insic-
ce.sful experiments and failures of others, but IL
gives then no right to clam Il share OF the honor of
TIE profit of the successful inventor 1t il when
speculation has been reduced to practice, when ex-
pertinent la resulted In discovery and when that
discovery has been perfected by patient ana coniin-
ued experiments, when some new compound, art,
manufacture, or machine has been thus produced
which 10 ~uscfulto the public, that the party making il
becomes o public bencfactor and entitled to a patent.
And yet when genius and patient perseverance
have at length succeeded, in spite of sneers and
SCOTS, some valuable invention or discovery, how
seldom Is II followed by reward Envy robs him
Of the honor, white speculatOrs, swindleis s.. and pi-
rates rob him of the profits. Every unsuccessful
e%xuerimenter who did or did or did not come very
near making a discovery now claims it. Every one
who can invent all Improvement or vary Its form,
claims . right to pirate the original discovery. We
pyed not summons Morse, or Blanchard, or Wood.
worth to prove that this Is the usual history of eve
ry great discovery or invention.
'tTrhe present case aods another chapter to this
long and uniform history."-2 Wallace, Z. Z ke-
ports p. 292