The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-28
OPINION OF JUDGE GRIER..

As write with difficulty can only state the con
cusions to which my mind has come after u careful
examination OF this case.
The com lainant has exhibited a patent dated
25th Of April, ls65. This Is prima facie evidence of
n good title, and puts the respondents the bur.
den of proof that the patent Is void OF worthless,
need not repeat my lemarks in the case of Good.
year VI. Day {. Wall, &. c. Rep; Z.9) but now
adopt them aliorting rule OF decision which an
pie, cleary to the present case.
AS the Infringement of the patent Is admit ted.
the only question will be rs to the validity of com.
plainans patent of April -, 1858.
at was after speculation had been reduced to
Practice and after repeated experiments, that the
complainant succeeded in overcoming he lreiudicc
and ignorance of the people the subject, and
persuadiug the public tnat his nvcntion was useful;
after he had established It's great utility and yau.
and "when his gen and patient perseverance, IN
spite OF snccr- aud scoi>,' were Completely sue.
ccs-fu, that Reed, who had before made expcri.
nents on the same subject, and was unsuccessful.
Imagined that he had the best right to the invention
and after purchasing one more Conplainaut's tor
pedoes he applied on the lst of Noyt mber, 1867,
for patent for substantially the same combina
tiun> of devices ana achinc contained in COMPLAIN
ants patent. On the 18th Of the same month the
respondents formed themselves into q COMPANY or
corporation called 1.-The Reed I 1oipedo Company
Tor the purpose Of pirating the cumplanaui's in
ve.ition, and supporting the expcLse OF litigation
and thus defraud him of the fruits They lave per
severed, even after the pre- ininary Injunction Very
properly granted by the district Judge.
Let decree be entered for complainant for A per
peiual INJUNCTION, and II Msster appointed TO lake
AL account according 10 the prayer OF the bill
Ii. L. GluER Judge.
NorE.-The passage referred to by Judge Gricr In
his former decision, Wallace, p. 900 adopted as
app iCibe to this was as follows:
at IL usually the case when any valuable dscov.
cry is made or any new machine of great uti iy l..
invented, tnt thcaitention of the public has been
turned To tha, subject previously. and that many
persons have been making researches and expert
| meuts. Philosophers ana mechanicans NAV nav,
~ some anticipated in their sprculatloua
.ne possibility or probability of such discovery or
invention: many experiments have been successful.
ly Iied, coin very near. Yet falling short OF the
desired result. They have produced nothing bene.
fetal The invention wheh perfected may truly be
said to be the culminating point OF many expert.
men not only by the inventor, but by many 9th.
ors lie may have proilted indirectly by the nslIc.
cessful experiments and failures of Others but 1t
gives them right to cla share of the he nor OF
the profit of The successful inventor II is wher
speculation has been reduced to Practice when ex.
pertinent ha. resulted III discovery. and when thai
discovery has been perfected by patient ana con,in
ued experiments, when some new compound, art
manufacture, or machine has been thu. produced
which is useful to the public that the party making n
becomes apublic beneiactor and entitled to patent
"And yet when genius and patient perseverance,
have al length succeeded, in spite of sneers and
SCOTS, some valuable invention or Cisco"ery how
seldom il il followed by reward Envy roLs him
Of the honor whiie specuiaioTs, swindlers, and pi
rates rob him of the profits. Every unsuccessful
eXperimcnter who did or did or did not come very
near making discovery Claims il, Every one
who can invent an improvement or vary its form,
claims right to pirate the original discovery We
| need not summons Morse, or Blanchard, or Wood
worth to prove that this Ia the usual history of eve
ry great discovery or invention.
"1he present case aGds another chapter to this
long ana uniform history."-2 Wallace, z. Z Ks
ports p. 292