The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-06
OPINION OF JUDGE GREER.

As write with difficulty | can only state the con
illusions to which my mind has come after a carefu.
examination of this case.
The complainant has exhibited a patent dated
18th OF April, 1916. This il prima facie evidence of
a good title, and puts on the respondents the bur.
den of proof that the patent is void or worthless.
l need not repeat my remarks in The case Of Good
year vs.. Dag q Wall, c. c. Rep; 229,) but now
adopt them as %aiiording a rule ol decision which an.
plies clearly to the present case.
As the infringement OF the patent 10 admit ted,
the only question will be as to the validity OF com.
platnanis patent of april -, 1858.
"lt was after speculation had been reduced TO
practice, - and after repeated experiments, thai the
complainant succeeded i'll overcoming he prejudice
ana ignorance OF the people On tine subject, and
persuading the public that his invention was useful.
after he had established its great utility and value
and when his genius and patient perseverance, in
spite of snceis and scoi-," were completely suc.
~ces-fnl, Tat Reed, who had before made exneri.
menls on the same subject, and was unsuccessful.
imagined that lie had the best fight totbe invention
and AFTER purchasing one or more Comp,sinan:'s TOR
pedoes' he applied on the LIST of November, 1857,
for \ patent for substantially the same combina'
dOns of devices and u achiuc Contained in COMPLAIN.
ants patent. On the 18th of the same month the
respondents formed themselves into a compary or
corporation called THE Reed Torpedo Coinpauy.m
for the purpose of pirating the cOmplainaut's Ia.
veniioli, and supporting the expense of litigation,
aud this defraud him of the fruits, They Lnve ,,e.'
severed. even after the preliminary Injunction very
properly, granted by the District Judge.
Let Il decree be entered for complainant for n per.
petuai iuupCtIou' anu u MASTER appointed TO take
all accouni according to the prayer of the bill.
h. I. GRIER, Judge.
NorE.-Thep passage referred to by Judge Grier IN
his former decision, 3 Wallace, p. 299, adopted ss
applicable 70 this case was as follows:
II. Is u,u'Iy the case, when any valuable discoy.
cry il wade, OF any new machine OF treat utility IA
Invented, tGat tue attention of Tie public bas heor
turned to that subject previously, and that MANY
persons iiuve been making researches ard exn.rf
meats. Philosophers ana mechanicians NAV lay,
"a some MEASURE anticipated in their sppcul,tions
5ne possibility or PROBABILITY of such discovery or
invention; many experiments have been successful.
ly tlled, cOnlin. very near. yet falling short ot the
desired result. They have produced nothing benr.
hCinl. The invention wse, perfected may truly be
S.id 10 De We eliminating point OF maiiv expert
men :, not only bythe inventor. but by many 9th.
OTIS. De ihaS have protited Indirectly by the Insuc.
cessiul experiments and failures of other,, but IL
gives them no rIght to ca' IL Il share OF the he nor of
TIE proit OF the successful inventor 1t il when
speculai ion has been reduced to prarticp. when nv.
pertinent ha- resulted In discovery. and when that
discovery has been perfected by patient ana coutin.
ued experiments, wnel some new conpound. art.
manufacture e., or machine has been thus produced
which is Hse,ulto the public, that the pariy makinyi IL
beeomcs apublic benefhctor and cEtitledto a Patent.
"AnG Yet when genius and paticut perseverance,
have at 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, while spectators, swindlers, and nj.
rates rob him of the profits. Every unsuccessful
experinen,er who did or did or did not come very
near making a discovery now claims iL, Every ons
who can invent an Improvement or vary its form.
claims II right TO pirate the original discovery. We
need not summons Morse, or Blanchard, or Wood.
worth to prove that this is the usual history of eve
ry great discovery or invention.
"Thc present case ADDS another cbapter In tbis
long and uniform history.'-2 Wallace, q. G Ike.
ports p. 292