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

phia. The case wa, argued three days by Charles
NJ Keller ot New York, Is. + Lucas aad = y. fur
vance oi Pittsburgh, for defendants, and George
llsrding o.! p.iia1elphla, and George IL ,htisy, Of
i'itisuurgh, for pialnth.
OPINION OF JUDGE GRIER
As write with iiihculty can only state the cor
clu-ious To which my miud has conie after caroiu
examination ul this case.
Tic com plalnint has exhibited a patc>t dated
!5tn Of April, 1860. This is prlma iacit e,idel.cr u
4 gooi title, ana puts On tie respondents The bur
den ut pro II that the paSvut is void worthless.
/ hced not repeat my .eIarks ini The cas-, oft,udd.
year Vs. Da, u Wall, Z. C. Rei; l29) bat now
adopt thcm rs a.lording rule Oi decision Itch ai,-
pie. cea iy to the p eSent case.
As the Infringement of the =; tent Is admin ted,
the on, qli, -tou will be as to the validity ol com
plainani patent OF Apii. D. ,ls5o.
at Was aitsr speculation had been icCGccd TO
practice, a,id aier repeated experiments, thai the
complainant Succeeded in overcoming he prejudice
aHd ignorance OF the people On the subject, and
per.uaIihg the public thlt hi, invention u-edil;
iiter had established IT. great u.ihtj and vaiue
AID when his lrliu " and patient perseverance, in
spite ol snuer- and scOf>,n were completely s1c
cts, -f,,l; tnat Heed who Lad btioIc made expert
mcni- On the same s;.lie,t, and wis unsuccessful
imagined tnpt he had the hest ihi to othein, cniou
Il Il after purchasing one "a more Complainant -tUr
peuoes lie applied on the 1T Of Nov,mber, lsuI
for n patent for substantially the same cuniliua
ton, Of devices and uChhG cJhitii.tu in comp ain
ants patent. On the l1th ot the same mon,n the
re-poidtus ioruied themselves INTO company or
corporation called "lrhc Reed Torpedo Company
for the purpose oi Irittliit the Cumplainah,s in
yeltion ant. supporiin- tee eXpeitc 90 litigation,
and shts defraua him Uf the iruitS 1bcy have pee
severed, alter the preliminary INJUNCTION very
properly yranted by the District Judge
Let Il d cree be entered for Complainant for per
peruni 'nJunctiOu aud II .aastcr appointed 10 take
AZ account according 10 the prayer Of HE bin
h. T. GRlER, Judge.
Norr The passage referred to bv Judge Gficr in
hi former -cis'on ) Wallace, p. 29J adCp,ed as
app ic,Ole To this case was ns follows:
at Is u,uuly the ease, when amy valuable di. .cov.
ery l. wade or any lrw mucurne Of great mi ty l.
invented That tncaitvn,ion uf the public ha. been
turned to that subject .yosly, and that ma v
persons have been making researches nDd exp, ri
ineuis IN lusnpn,rs ANA nlechanicians may have
n some III a-lre anticipated i'll their sp cuiations
possibility or prorubilty of such discovery or
invention; many experiments inre beer successful
~ Il .eC COMM, Vely near yet falling short of the
ie-i.cd result. They have produced nolhin. bcnc-
lie al The invention whei perfected may truly he
-.ii TO bc the eliminating point many expert
men = IA I ON by tine nvci.tor, but by many ,riI.
Ir-. ie ma lrv. prdiited indirectly bv the iIn,ue.
ce-sful experiments and failures of Others. but il
gives theu rght to ca m share oil the he nor OF
the profit OF the successful inventor 1t is when
specutliOn has been reduced to practice, WHEN OK
pertinent la resulted ia discovery ana when Il at
discovery ha- been perfected hy patient contin.
ued experiments when solhe new compound art,
manufacture. or mach,nc has been Thu. produced
which Is useful the public, that the party mating it
becomes apublic ben.actor ard entitled 10 "a ent
sand yet wien genius and patient perseverance
have ut length succeedci, in spite of sn.ers and
SCOTS. sune valuable invention or cisco~ery, how
seldom Is it followed by reward Envy obs him
of the honor, hiie speculatOrs, swnde. s. and p-
'atrs rob him OF the profits Every Unsuccessful
exIpriursntef who did or did or did rot come very
near making u discovery now claims it. Every ON.
who can haven't an improvement vary its form
claims II 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
rs great discovery or invention.
"lhc present ease acds another chapter TO this
long and uniform hisory."-2 Wallace, q, q Re
ports p. 292