The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-04
OPINION OF JUDGE GREER.

As I write with difficulty I can only state the con
illusions TO which my mind has come after a careful.
examination of this case. :
The com plainant has exhibited a patent dated
2jth Of April, 1850. This Is prlma facie evidence of
a good title, and puts on the respondents the bur
deu of proof that the patent is void Or worthless.
l need not repeat my remarks in the case of Good
year rs. Day q Wall, c. c.. Rep; 229,) but now
adopt them a. ailordiny q rule OF decision which ap-
plies clearly to the present case.
As the infringement of the patent is admitted,
he only Question will be rs to the validity Of com.
ul ~. d , patent of April Is, 1858.
II, wAs after speculation had been reduced 10
nc i,c, and after repeated experiments, that iie
cou,,' 1aut succeeded in overcoming he preiut ice
aud ignorance of the people ON the subject, md
PEI. fading the public that his invention WASH eat:
Ell. lie had established its great utility aud y-lue,
ard when his genius and patient perseverance, in
s:,ie OF sncers and s%cofi-,n' were completely sac
&C .nl, that Reed, who had before mate cspc,i.
mcJ. 4 on the same subject, rud was uu.ur- & ,>iul,
,h glued that he had the best iight tot, einvcu ioI,
anu after purchasing one OF more Coinplr".nt'> ipr
Dcioes. he applied ON the list OF NOvembet, 1914,
los Il patent for substantially the same Ton, i,l
ION of devices and l aclline c~ontainei in compsiu-
ants pr .1t. On Tie 10th o. tie same moh.l ,he
&C srondents foiuhed themselves into a conir Nv u,
ID los ion calicu ''Tne Reel Torpedo Co.... n.y.
fot tie purpose o. DirA,iI, tile cumpia'aa.ns III
vcr,ior, anu suppOl in. the expense Oi ii. ,iUD.
and ms oen 40. aim Oi the fruits. They have pc.
seve.ci, even alter the preliminary injunction veiy
pi O. ierly granted by the District Judge.
~. a decree he enteie ed for complainant for a per
DNfu ' hAA4 - G VIII ~ 81
All ACCOUNT according to the prayer OF the bill
X. Z. GRILI, Judge.
NorE.-The passage referred to bv Judge Grier In
h;s former decision, 3 Wallace, p. 800, adopted as
apo icabie to this use was rs follows:
"lt il ueua'ly The case. When any valuable discov.
cry l. npte, OF any new Daciire of great unity il
invented, mat .Ies ,eniion of the public has been
turned to that subject previously, and that many
| persons have been making lesea. ches and expert
| ineuts. PHILOSOPHERS anu mechanicians NAV hay,
IN Gonna utauatrn .ip ms ,nn in fhair an.,rrlattn,a
ne possibi ity or pio>Lbiliy Of such discovery or
inventions; many experiments have beei: successful.
~ II led, coming veiy ne.'. yet falling short Of the
&c led result. They hive ptoticed nothing bcne-
: ~ to be the eliminating point o. MANY expert
men =, not only by the inventor. but by many OH
OF tie may have proiited indirectly by the iinsuc.
c. al experiments and failures of others, hut 1t
ave them no right to cia IN a share oil the he nor OF
,ie MOTT OF the successful inventor 1t Il when
h,csul.. ion has becl reduced to practice, when ex.
pcrin' -. iil- resulted in discovery, and when that
C~i-cOvc,y h. been perfected by patient ana contin.
ued exper. nents, when some new compound, art,
manuiact,le, or .'Ctine has been thus produced
which Is useful to the pu )lic, that the party making IL
sand yet when genius and patient perseverance
have at length succeeded, in spite of sneers and
SCOTS, some valuable invention Or discovery, how
seldom Is IL followed by reward Envy rob- him
rates rob him of the profits. Every unsucc2 sci
sxperimcnter who did Of did or did not come very
near making q discovery now claims 1t. Every one
who can invent an Improvement or vary its form,
claims u right to pirate the ORIGINAL discovery. We
need not summons Morse, or Blgucha,d, or Wood.
| ~ great discovery or invention.
1.-THE present case ADDS another chapter to this
long and uniform history 20 Wallace, Z. Z Re.
ports p. 292