The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-20
OPINION OF JUDGE GRIER.

Wv Va VIVA NAAS
As l write with difficulty / can only state the con
illusions to which my mind has come after q caretu.
examination of this case.
The complainant has exhibited a patent dated
18th of April, 1850. This is prima facic evidence of
a good title, aud 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.. Day u Wall, q. L. Rep; 2.9,) bat now
adopt them as %aiiording q rule Oh decision which I'D.
plies clearly to the present case.
As the infringement of the patent Is admitted,
the only question will be as to the validity of com.
plainanis patent Of April 25, 1858.
at was after speculation had been reduced TO
practice, aud after repeated experiments, that the
complainant succeeded in overcoming. he prejudice
and ignorance OF the people on the subject, and
pcrsIading the public that bii invention WAS usenII.
after he had established its great utility and value,
and "when his genius and patient perseverance,, In
spite Of snccrs aud SCOTS" were completely sac.
ces full, that Reed, who had before made expert.
mcn!- on the same subject, and was unsuccessful,
imagined that he HAD the best light to tlieiuyen,ion.
and after purchasing one OF more conf lainant's tor
pedoes' he applied on the ist Of November, 1867,
for Il patent Tor substantially the same combiua
iuns OF devices and 't achine contained in complain.
ants patent. On the 18th of the same month the
respondents formed themselves into a company or
corporation called ''rLc Reed TORPEDO Coinpnny.n
for the purpose of ~pirutins the cump.ainaui's in.
sention, am SUI porting tie expense of litigation.
ard thus deiraul hin Of the fruits. They have per
severed, even AFTER the preliminary Injunction very
prOperI. glautel by tie District Judge.
let Il d cree he entered Tor complainant for a per.
leiull Injunction, aud Il rias ter a, pointed TO take
an accouAt according to the prayer of he bill.
-. Z. uRlER, Judge.
NorE-The PASSAGE ~refarrei TO BY Judge Grier in
his luruler GccI&'O1, ) wallace, p. 299 adopted as
app Icllir 20 this case was - follows:
III is l-ually The case. WLcn any valuable di.coy.
cry Is made, or any nov NAG. line of great mi ity il
invented. that tie attention II the public has been
,u-pCd tu ,hiI subject previously, and that many
persons have I've. II making researches and experi
meuts. iAlCsupHtrs aud mtchanicians NAV hay,
InsIme measure anticipated in their specuiations
sac pusSiDi IT, or probability of such discovery or
inyentiJr; many experiments have been successful.
" tlCi, coming very near. yet falling short of IN.
desired result They have produced nothing ben,.
neal The laVenluH wlle' perfected may truly be
sid to be the eliminating point OF many expert
mon :, not Un'v ythe inventor. bnt NV n,opv or.
ors. lie may hny. pruited indireclly by The lnsuc.
cu-sltl experiments and failures of other, hut II
gives Ilein no rlgnt To ella m q share of the honor of
the profit OF the successful inventor II is when
specu.Nl on has been reduced 10 practice. when ex-
discovery has been perfected by patient ana contin.
ued experiments, when some new compound, art.
manufacture. or machine has been thu. produced
which Is usefulto the public, that the party inakingi n
becomes apublic bcnelact0r and eutitledtn a patent.
land YET when genius aud patient perseverance,
have at length succeeded. in syi G of sn.,rs ana
scofs, some valuable Invention or discovery, how
seldom Is IL followed by reward Envy robs him
Of the honor. while specIlltors, swindleis, and nj.
ratrs rob lin OF the profits. Every unsuccessful
near making II discovery NOW claims 1t. Every on.
who can invent an improvement or vary its form.
claims u right b. pirate the original discovery. We
need not summons Worse, or Blanchard, or Wood.
worth to prove that this Is the usual history of eve
ry great discovery or Invention.
1.-The present case ADDS another chapter 10 THE
long and uniform history % Wallace, I. Z Re.
ports p. 299