The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-16
OPINION OF JUDGE GRIER


As write with difficulty can only state the con
cli>lon, 10 which my niInd has come aft or Il car.,u
examination OF this case.
lhc com. .liinint exhibited patent dated
2jth of April, lS6o This is prlma incir eyileic. m
n good title and puts on the respondents the bur.
den OF prof that Ine patent il VOID or worlnlcs-
need not repeat p my isnarss the case Vi Good
adopt them aiordins "a rule O decision which ai.
pics clearly TO the p esent case.
As the infringement of the patent is admi, ted,
the onl! question will be ms to the validity vi com,
planauis patent of April -, 1s5S.
'lt was after speculation had been reduced to
practice aud alter repeated experiments tint tne
complainant succeeded III overcoming he prejudice
and ignorance of the people the subject and
perstadng the public that his invention was usc.u
after he mad established Its great utility and value
anu when MS gen Us anu patient perse, erauce in
spite OF sncers and scO-," were lu,npletely .lc.
ccs-ful, tiat iced, who hadbeiore made rxperi-
menis IN the same subject, and was unsuccessful
imlgiucd that he had the best right to tLcnveuiion
a Il alter purchasing ohe more Cu.nplainauts Tor
pedOes. he applied ON the lst of Now inb.r Ist1
for patent for substantially the same cuInliua
tons oi devices and achiiic obtained in complain.
ants patent. On Lille lotn OF the same month the
Respondents formed them Yes into "A cpu,un ar
col poration called "'lhc Reed Torpedo Coiup,nyn
for the purpose Of pirating the cOmpainal!t's in.
and thus defrnud him 0f the They have per
severed, even alter the preliminary Injunction very
property s.ranIci by the District Judge.
Lei decree DC entered Tor complainant for per-
petial injunction. aud Il Aastcr appointed 10 take
All account according to the prayer OF The bill
II. I. IRIEk, Judge.
NOTE.-The passage referred to by Judge (;rier in
his former decis un, allace, p. 299 adopted as
app icabie to this case was as follows:
'lt Is usually the case, when any valuable d.coy.
cry Is made, amy new machine of great mi ity /.
Invented. tlut the attention of The public .us hen
iurn, d to that subject previously. aud that MANY
PERSONS have he IL making Researches AVID experi
u!ents Philosophers me thnnici,,,s NAV iav,
III some III, i.srt anticipated i'll their sp clstuus
.he possibility or pro"aDlIty ,f such discovery or
nNentiOiG mnny experiments have been sItY,..sr,l
iy lied couiiG Very hear. yet in ling short ,t the
desired result They have prOduccu nothing beur.
fcial The Invention whei perfected n,,ly IrnIy h.
said 10 De tlle eliminating point OF muuv experi-
men :, not uny by the inventor, hut by many otlI.
Ors. lie may hay, proited indirec ly by Ike ilpsuc
cv-sfilI experiments and failures of ,ibar. but il
gives then IN right to ca share ol the he nor OF
the proil oi iiie successful inventor IL is when
specu alton has been reduced 10 practice, when cx
pertinent ha- resulted in discovery anu when II M
discovery iis bc~l perfected 10y patient ana contiu
ned experiments When some new cunponnd art
inanui'tctl'ie, or macIine haI been thu. prodncI
WINCH Is useful to the public, that the party iiakius #
be-units apubc benuactOr and entitled to a latent
And yet when genius aud patient perseverance
have nj length succeeded, in spite of sn.ers nnd
-cOiis, some valuable Invention or CscQery ho,y
seldom is IL followed by reward Envy Iobs him
OF the honor, "he specuators, swindle.s g. and nj.
tat-s rob him of the profits. Every un,ncce.s,nl
experimenler who did or did or did hot come y,rv
near making discovery now claims it, Every one
WHO can invent an improvement or vary its frm
Claims u right to pirate the original discovery W.
need not summons Morse, or blanchard or Wood |
worth to prove that this Is the usual history of eve
ry great discovery or invention
1.-The present case aOds another ctlapter IN tbis |
long and uniform history.'-2 Wallace, C. Z lie.
ports p. ?93