The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-03


t!obsrs' Torpci, ,e,, and the late .dclsivn 90 ,h'
Cumini> i>siouer of Phelts IL roiusus 10 Win h' cd
a ua.ent and the dtai-i ian of Jui;c 4. Z CIivr
aiuing The ,tuborts' pItca; they Lave LOW Ei.i-D h
| the price oil tleir IOrpeiots
TWENTY Per CENT.
so that every Operator afford Try n Torpedo
| before aDsiidJning Wei.
| The 10 lowus Is the decision rendered by Judge
| Gricr on the tweny-secOnd (Ill day of September
ciIi N the United states Circuit Court at PlilaCel-
phia. Tie case was argued three days by Charles
VI. Keller Of New York, Is. Lucas and =. "A. iur-
vance OF Pittsburgh, iOr defcna,is, and Seor. q
llaruin! of Paade pha, and George IL. ,hsi,iy, OF
| Pittsburgh, FOX piantif.
OPINION OF JUDGE GRIER
AS write with difficulty eau only state the cof,
illusions To which my mind has come after ,ar.:u
examination of this case.
25tli Of April, 1910. This is prima f,cir evidence uI
good title, and puts on the Respondent, the bur.
den of prort that the patent Is VOID worthless.
neeu hot repeat my leuarks III the case of Good.
| year vs.. Da, e Wall G. c. kep; -.g) bat now
adopt them us alloldin- rule o. decision which a,i-
| pics clearly To t;e p. .eseut case.
AS the infringement of the pate is admin L I'd
the oni qu, sun will he as to ihe yalidlt, ui com
painanis patent OF April ~, loJS
| sit was after speculation Ind been reduced to
practice" and after repeated experiments that the
complainant succeeded III overcoming he lr,juulcp
| and ignorance OF thc people the subIcct, and
persuauiug the public that his invention was useful:
after he had established iis great utility and value
and ''wen his gen u ana patient perseverance, in
| spite OF snuer> aud scOh-,n were Louiul,tyly .lc
| ces ,fu that leed who had before niide eypa,i-
ments on the same subject, and wa. uhsuccess ssful,
imagined tat tie had the best right to tie en,rnIlun
Il u after purchasing one Complainant ,or
| pedoe- he applied On the list uf November 1877
| Tor patent for substantially the same cuinbina
tim, U devices and achic contained in conn in
ali : pate!t. On tiie 10th OF the Sam. uiopin thp
| Respondents formed themselves into "a COMPANY or
| corporation ca led The Reed Torpedo Company y
| f.r
veition aiiI supp'rtn. tue cxpcnso litigation.
AID thus deEnu. him of the fruits. The have he;
severed even after the preliminary Injunction Very
properly grantei b, tine District Judge
Let dscrcc be entered for complainant for Der.
petuai INJUNCTION aid Il Nasttr Appointed to take
all account according To the prayer OF tie Lll
| IL. Z. GRlEh, Judge.
NorE.--Thc passage referret to bv Judge Grier in
his former d c,>un. Waiiace, p. .,sD ADOPTED ms
| app ic,bie to this t,,s1 WIS n follows:
''lt |. usuy the case, wllin any valuable III .c,v
cry IL made, or any lev nlcne vi gr, at unity T..
invented. liint thcatenion of The public La. been
turned To thai sdbjert previously, aud thar Ina.y
percoa- have he n making Researches ard pxp.ri
| ineu's i'l los ,Jhors anG inechalicans luay hsyp
,n sJme ni,n-.rc anticipated IN their sp clntun,
'he pis-iviiii. Or pfbn"lty Of suth discovery or
invention; many experiments have Deui s,.ccessfltI.
| y 'le,i, ccn.il!, very near yet failing short ,i the
| dcsited result T.lcy have produced "hin benz.
| flcia Ilr inveniu Nl;ot perfected may truly m.
id 10 be the eliminating pnuI OF lL;iIy eNi,,ri
men :, not un'y by the investor, BIZ BY many 9TH,
ors lie may NAYS ,foiied Indirectly ly the iln.uc.
ce-s.ll experiments and iaares OF o her, but II
gives them ri.ht to share vi the iC nor of
t.e profit of the successful inventor Il is hen
spccula ion has been reduced to practice, when cx
pertinent i.a- resulted In discovery and when H. n,
discovery l- been perfected by patient and conrin.
uct experiments, WHOM some new conipolnd art
manuiL ctuie, or machine has been ihilr produced
which Is usciutD the pnDic tnat the plttv making II
beeomos apublic b. nefactor and entitled to ai,l,i
-And yet when genius and patient perseverance,
have at length succeeded, in spite OF si,.ers AMI
-yoiis some vnlugbe Invention or Gisco"ery how
seldom is il followed by reward Envy robs him
Of the honor, "hiie s9eculnors, swindle 8, and nj.
rates rob him of tie profits Every unsuccessful
exi,erimenier who did Or did or did not come very
near making discovery now claims it. Every on,
who can invent ar Improvement vary its iurIn
claims right to irae the original discovery ".
need not SUMMONS Morse or Blanchard or Wood
worth to prove that ti, is the usual history Of eve
ry great discovery or invention.
The present case ADDS another chapter to this
ports p. 292