The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-09
OPINION OF JUDGE GRIER.


As I write with difficulty ] can only state the con
illusions TO which my minc has come after Il carefu.
examination of this case. /
The complainant has exhibited a patent dated
25th Of April, 1855. This Is prima iacie evidence of
a good title, and puts on tho respondents the bur
den of proof that the patent is void or worthless.
need not repeat my remarks inthe case of Good
year VI. Day u Wall, G. G. Rep; 229,) but now
adopt them as silording a rule OF decision which aD-
plies clearly to the present case.
As the Infringement OF the patent is admitted,
the only question will be rs to the validity of com
plainanis patent of April -, 1858.
at was after speculation had been reduced to
| practice, - and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance OF the people ON the subject, and
persrading the public that his invention was nseful;
after he had established its great utility and value,
and "when his genius and patient perseverance, In
spite of sncers and scoils,' were completely Sue
cessfnl, that Reed, who had before made expert
ments ON the same subject, and was unsuccessful,
imagined that he had the best right to theinyenlion,
and after purchasing one OF more complainant's tor
pedoes, he applied on the list of November, 1Su1,
for Il patent for substantially the same combina
tions of devices and II achine contained in complain
ants patent. On the 18th of the same month the
respondents formed themselves into a company or
corporation called ''rhe Reed Torpedo Company"
for the purpose of pirating the Compliments in.
~vention, and supporting the expense OF litigation,
and thus defraud him of the fruits. They have pes
severed, even after the preliminary Injunction very
properly granted by the District Judge.
Let a decree be entered for complainant for a per-
petual Injunction, and a Master appointed 10 take
all account according TO the prayer of the bill.
X. L. GRlER, Judge.
NorE.-The passage referred to by Judge Grier in
his former decision, 3 Wallace, p. 800. adopted as
applicable to this case was as follows:
sit is usually the case, when any valuable discoy-
cry Is made, or any new machine of great utility Is
invented. that the attention OF the public has been
turned to that subject previously, and that many
persons have been making researches and experf.
ments. Philosophers and mechanicians may have
in some measure anticipated In their spcculations
,he possibility or probability Of such discovery or
inventions; many experiments have been successful.
ly tiled, coming very near. yet falling short of the
desired result. They have produced nothing benc-
fetal. The invention When perfected may truly be
said to be the eliminating point OF many expert
men :, not only by the inventor, but by many 9th
ors. lie may have proflted indirectly by the ilnsuc-
cessiul experiments and failures of Others. bat it
gives them no right to claim a share OF the honor of
the profit of the successful inventor 1t is when
speculation has been reduced to practice, when ex-
pertinent has resulted in discovery, and when that
discovery has been perfected by patient ana contin.
ued experiments, when some new compound, art.
manufacture, or machine has been thus produced
which is usefulto the public, that the party makingit
becomes apublic beneiactor and entitled to a patent.
sand yet when genins and patient perseverance
have at length succeeded, in spite of sneers and
scoffs, some valuable invention or discovery, how
seldom is II followed by reward Envy robs him
of the honor, while spectators, swindlers, and ri.
rates rob him of the profits. Every unsuccessful
near making a discovery now claims it.. Every one
who can invent an Improvement or vary its form,
claims a 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.
'.1he present case aods another chapter to this
long and uniform history."-2 Wallace, Z. Z Re-
ports p. 292