The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-21
OPINION OF JUDGE GRIER

OPINION OF JUDGE GRIER
As write with difficulty can only state the con
c,u.lon. to which mind has come alter careful
examination o! this case.
Tie com ilam,nt has exhibited patent dated
l,tn OF April 1863. This Is prlma icc evidence Oi
/, uoot tltc aud puts the respondents the bur
l. OF prupi tnai the patent is void or worthless.
nceu not repeat my .enaiss in the case of Good
wear W. Day q WALL L. Z. KEEP; .29,) but now
adopt them aiording rule oi decision which ai.
pies clearly 70 the present case
As the infringement Uf the patent "a admitte
the onl, question will he rs TO the validity oil com
painan pntelt of April -, ms.
..it was after speculation had been reduced to
practice" aud ai.cr repeated experiments, that the
complainant ,uoceedcd i'll overcoming ne preJudice
and ig,iorancc OF the people On the subject, and
persladiug the public that hi, invention WAS usen;
after he had established its great utility and value,
and ''wh hen Ills genus ana patient perseverance, IN
spite OF sncer- and sco!i-," were completely sue
ces,f,l tnat Iced, who had before made expert
ments ON the subject, and was unsuccessful,
imagined that ne had the best light to the invention,
AID after purchasing one OF more Conplainantstor
uedpes he applied on the lat of November, 1857,
iur a patcn, for substantially the same comhna
ton. of devices and achinc cuhtainedi in complain
ants patent. ON the 18th OF the same month the
respondents formed themselves into company oi
CORPORATION called 1.-The Reed Torpedo Company,
for the purpose of pirating the c1mplainanis in
yention, AMI supportin. the expense OF litigation,
and thu. defiaud him of the fruits They have per
severed after the preliminary injunction very
properly granted by the Distuct Judge.
Let decree be entered for complainant for per
petual Injunction. and Master appointed 10 take
an account according 10 the prayer OF the bill
X. Z. GRIEB, Judge.
Norg-The passage referred to bv Judge filer in
hi. lorner decision, 5 Wallace, p. 2y9 adopted as
app icahie to this c'Ss was as foows:
i.l il usually the case, when any valuable di.cov
ery ia pude or any machine of great ui,ity Is
invented. that attention of the public hn- been
turned to that subject previously, and that maj Y
persons have been making researches and expert
merts Philosophers ana mechancians may hav,
W solne III, aSure anticipated in their spvcuntions
.ie possibility or probability Of such discovery or
inventions; many experiments have b"eL successful
ly tlied coming very near. yet falling short oi the
desired result. They have produced nothing bcnc-
icial The Invention wher perfected may truly be
said to he the eliminating point Ol MANY expert
men - not ony by the inventor, hut by many 9TH
Or-. lie may hay. prn:ited indirectly by the unsuc
cessrll experiments and failures of Others. but il
gives them 10 rgnt to II share o the hc nor Of
TIE profit of the SUCCESSFUL inventor IL is when
speculation has b., reduced to practice, when cX
perinciIt ha resulted in discovery ana when thnt
discovery has been perfected hy patient ana contn
uei cxptriments, when some new compound. art
mauu.lctU or machipe has been Ihl- produced
which il useful to the public that the party making
beromcs npublic benz factor and entitled to patent.
.'And yet when genius aud patieut perseverance
have at length succeeded, in spite of snrers and
SCOTS. some valuable invention ur dsco"ery, how
seldom is /, followed by reward ! Envy robs him
OF the honor, whine specuiators swindicis and pi-
Gates rob him of the profits. Every Unsuccessful
expsrinrner who did Or did or did hot come very
near making n discovery now claims it, Every Que
who can invent an impru vemeTt or vary Its form,
claims right to pirate the original discovery. We
need not summons Morse or Blanchard or Wood.
worth prove that this Is the usual history OF eve
nv great discovery or invention.
.'rhe present aods another chapter to this
long and uniform history."-2 ailace, Y. y Rc-
ports p 2S2