The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-18
OPINION OF JUDGE GRIER.

OPINION OE JUDGE GRIER.
As write with liitcl!ty can only state the con
ciusions to which my mind has come after careful
examination Of this case.
The com .iaIntnt has exhibited patent dated
18th of April 1915. This is prlna aci. evidence OF
a good title, and puts ou the respondents the bur.
dcn Of proof that the patent is void or worthless.
l Eeei not repeat my remarks i'll the case Of iuud
year vs.. DAY " Wall, G. c. Rep; ..9) but now
adopt them us aiiording rule Vi decision Which ap
pie, clearly to the present case.
As the Infringement Of the patent Is admitted,
the onl, question will be as to the validity vi com.
plainalls paten. of April 25, 1858.
sit WAS after speculation had been reduced to
practice, aud after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance of the people the subject, and
persuading the public that his invention was usetil;
after he had established It's great utility and value
Ind when hlo genus aud patient perseverance, in
spite OF sncers and scOis,' were completely slc.
ces-ful, tlHt' Reed, who had Deiole made expert.
nents ON the same sllIxrt, and was unsuccessful,
imagined na e had lie best right to the invention
a after purchasing one Oi Conplainants tor
peioes lac applied On the ist of November, 1867,
for Il patent iur substantially the same cont Inn
tons ui devices and hinc contained in coMpain.
au,'s patent. ON the 10th of the same monin the
Respondents formed themsciv into u COMPANY or
corporation ealieG The Reed Torpedo Company"
for the p"tpose al lirating the comp painants In.
yention, ami supporting the expense ot litigation,
ard thus deirnut him of the irts. They have pc.
severed, even after the preliminary injunction ver,
properly granted by the District Judge.
Let Il. cree be entered for complainant for per.
pellal Injunction, aid Il Naster appointed to take
al account according To the prayer Of the bi!l.
H. I. GRIEK, Judge.
NorE.-The passage referred to bv Judge (;ricr In
his former deci. on, Wallace, p. 29J adopted w
app icsUie to this case was as follows
''It Is usually the case, when any valuable di.coy
cry is made, or amy ncw machine of great utility IL
invented, that thU attention of the public has been
turned to that subject previously, and that many
persons have been making reseu ches and cxppri
meuts. Philosophers anu mechaniciaNs NAV nav,
III some ,asure anticipated in their specuiations
possibility or PROBABILITY of such discovery or
inventions; many experiments have been sllcces ,fl
ly tried coming Very near. Yet falling short Of the
desired result. They have produced nolhin. bcuc.
hclal. The Invention whe, perfected may truly he
said to be the eliminating point Oh many eNleri-
men =, not ON y by the inventor, hut by many 9TH.
Ors. he may hlv, prOii,ed indirectly by the unsuc.
cessiu experiments and failures OF others, but it
gives them no right to ca share OF the he nor of
tie profit of the successful inventor IL is when
speculation has been reduced To Practice when ey.
periiurnt ha- resulted In discovery and when TINT
discovery has been perfected by patient ana contin.
ued experiments, when come new coiuDouud Art
manufacture, or machine has been Thu. Dl duc, Al
which is useful to the public that the party maxim. il
becomes apublic ocnctac;Ur and entitled to u a,en,
"And yel when genius aud pati, mt uer.cy.r,urr
have Al length succeeded, in spite of snee,. and
coils, some valuable invention or Giscu"rry how
seldom is il followed by reward Envy rous linn
Of the honor, whiie spcculators, swindles, and pi
rates rob MIN Of tho profits. Every un,ncre. ami
exieliniener who did OF did or did not come very
near making IA discovery now claims it. Every on,
VINO can invent All Improvement or vary its form
claims a right to pirate the original discovery WI.
need not summons Morse or Blanchard, or Wood.
worth to prove that this is the usual history of cy,
ry great discovery or invention.
1.-The Present case auds another chapter To this
long and uniform history.'-2 Wallace, Z. 4 Ne
ports p. :92