The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-22
OPINION OF JUDGE GRIER

As write with dhcnlty can ouly state 'hc con
cu-ions 10 which my mind has coMu after II carc.u
examination of thia case.
The com lalEuil has exhibited u patent dated
2Ju uf April lo'5 This Is pr ma iacic evidence oi
good titc, and puts on tao respondents the bur
den of proof tina, ttc patent is VOID or worthless
need not repeat nay lemarks IN the case of Good.
year vs.. Day q Wall, c. {. Kep; ..9.J bat now
adopt them a. a,iorling rulo OF decision which ap-
pe- clearly TO the pIesent case.
As TIE infringement oi the patent 10 admitted,
the cniy question Will he to the validity oi CON.
painan;s patent Of April -, ISIS.
''!t was after speculation hsd been reduced to
practice, and a,,cr repeated experiments, that the
complainant -lcceglcI IN overcoming he piCjudcc
and Ignorance OF the people ON ,!.e suhjsci, and
pcrsuaGirg the public that his invCniOn useful;
after hc had established It's great utility and value
aud ''when hlJ genius ard patient perseverance, IN
spite o' snuor- aud scotl,, "etc completely sac.
ces.lul, that Reed, who had uelnre made expert
ments on the same subject. and was unsucc.s sful,
imagined that Ne had ,e best right to theinvcniion,
aud after purchasing one % more Complainant 3 Tor
pe,!Ces, lie applied On the ist Of November, 1861,
10. Il pltcni fOr substantially the came coElhina
,iun- Of devices and aie c''ntaiGeii in complain
ants patent. IN the 10th OF tnc came month the
Respondents fOrfic. tkenselvu. into COMPANY or
corporation called 'rhe Reed rurpe,.o Culnpnny,r
iUr The purpUse Cf pirating the culnpiain.nps in.
ventiol,, and surp1rin: t.e expensr ot litigation,
and thus defauu hii;i of the fruits. They have per
severed, even Iicr the preliminary Injunction very
properly grantee by the Di-trct Judge
Let dscrec be entered fu comp plalnant for per-
I'LL cccoun; according 10 the prayer Of the bill
K. I. GRIER, Judge.
NorE.--Thc passage referred to by Judge Grier in
his former decision, 3 Wallace, p. 29y adopted as
aph icshie 10 this ease was as follows:
.'l is usually the case, when any valuable d,cov.
cry Is 1GCc, any new machine of great unity j.
Invented. TINT tnealtention Of tho public la. Leul
llirucd to t,Iat subject previously, and that MAJ
persons have been making researches and eNp,r ri
inents. PHILOSOPHERS ana mechancians may lave
IN some measure anticipated in their sptculations
.Ic possibility probability Of such discovery or
inVcntiuu many experiments beer success iIl.
y tied, coming very near. yet falling shnrs ui the
desired result They have produced notling benz.
Gcal Tho invention When perfected may truly be
said to be the eliminating polnt Of man' cNpGri-
:, not only b. the inycutur, but By many 9th.
Ors lie may hay. prOi,teu Indirectly Nv Tie Un-uc
ce.siI.l experiments and failures Of Oh,r+, but ID
gives hem no Iignt To cam share o. the he nor of
the profit of the successful inventor 1t is when
speculation has been reduced to prGctice when cy
pertinent In resulted III discovery and wl,cu thai
discovery has ben perfected by patient anu cOntin
uci experiments, when some conIDu.nl, art
n,Hauiuc.uIe or machine 'iaS been ihu- produced
whicu is usciulto tine public that the patty making
becomes public Senciactor and enttledt 10 lnlent
"And yet 81 hen genius aud pat.eut perseverance
have at length Succeeded, In spite Of -i,ers Nui
suUffs, sIIlc valuable invention or disco ETY., how
seldom is ii followed by reward Envy rob. him
Of tnG honor, while specuiaOrs, swihG.cls, and ri
rates rob him of the p,Uilis Every un,uccr, giul
expetmcnter who did or did or did iot come very
near making discovery now claims 1t. ltvery 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 tha this Is the usual history of ry.
ry great discovery or inventOn.
''.'hc present case auds anuther chapter to this
long ana uniform hstory."-I ailace, T. Y Re-
ports y. .s2