The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-05-02
OPINION OF JUDGE GREER.

As I write with difficulty / can emily state the con
illusions to which my mind has come after e. careful.
examination of this case.
25th Of April, 1865. This is prima iacie evidence OF
a good title, and puts on the respondents the bur
deu Of proof that the patent Is VOID or worthless.
! need not repeat my remarks inthG case OF Good
year vs.. Day u Wall, c. &. Rep; Z99,) but now
adopt them as afEordinr a rule OF decision which APP
pies clearly to the present case.
AS the Infringement OF the patent is admitted,
the oaly question will be rs to the validity Of COM
plainan's patent of April -, ISIS.
at was after speculation had been reduced to
practice - and after repeat d ex experiments, that the
complainant succeeded in overcoming he prejudice
and Ignorance of the people On the subject, and
persr,ading the public that his invention was useful;
after he had established It's great utility and value,
and "when his geniu, anc patient perseverance, in
spite of snccrs and scoif-," were completely sue
cessfnl, that Reed, who had before made expert
ments on the same subject, and was unsuccessful,
imagined that he had the best right to theinyention,
and after purchasing one of more complainant : tor
pcdoes. he applied on the ist of November, 1867,
for a patent for substantially tine same combina-
tons of devices and naChiIe contained in complain
ants patent. On the 10th OF the same month the
respondents formed themselves into u company Ur
corporation called 1.-THE Reed Torpedo Company
for the purpose of pifating the cuIlplainants in
vention, and supporting the eXptise Ot litigation,
and thus defraud him Of tho fruits. They have pei
severed, even after the preliminary injunction very
properly granted by the District Judge.
Let a decree be entered for complainant for a per
petual Injunction. and 4 Master appointed to take
All account according TO the prayer Of the bill.
Il. Z. GREER, Judge.
Norr.-The passage referred to by Judge Grier in
his former decision, 3 Wallace, p. $50, adopted as
apD icabie to this case was rs follows:
at j. usually the case, when any valuable discov-
cry IL made, or any new machine of great unity Ia
invented, that tlieattention of the public has been
turned to that subject previously, aud that many
persons have been making researches and eyp=ri
ments. Philosophers anu mechanpi'ns may have
IN some measure anticipated in their sDrculatioue
.Ae possibility or PROBABILITY oi such discovery OF
inventions; many experiments nave been successful
ly tried, coming very near. vet fl ing short OF the
desired result. They have produced nothing bcnc-
fetal. The Invention Glol perfected may truly be
said to be the eliminating point OF many expert
men :, not only by the inventUr, but by many 9TH
ora. lie may have prOfted indirectly by the unSuc-
ce-siul experiments and failures Of otherr. but 1t
lives the "a no right to clam n share Of the honor Of
the profit OF the successful inventor 1t is when
speculation has been reduced to practice, when ex-
leriinent has resulted III discovery, and when that
discovery has been perfected by patient ana cOu'in-
ued experiments. when some new compound. art,
manufacture, or machine has been ihus produced
which is rsciuito the public, that the party making il
becomes public bcncinctor and entitledto n patent.
sand vet when genins and pa.iout perseverance
have at length succeeded, in spite of snecrs and
SCOTS, some valuable Invention or disco"ery, how
seldom Is il followed By reward Envy robs him
Of the honor, whilc SPECTATORS, swindleis, and pi-
rates rob him OF the profits. Every unsuccessful
experimenter who did or did or did rot come very
near making Il discovery now claims II. Every ons
who can invent an improvement or vary its form,
claims a right to pirate the original discovery. We
need rot summons Morse, or Blanchard, or Wood
worth to prove that this is the usual history of eve
ry great discovery or invention.
.sThe present case a0ds another chapter to this
long and Uniform history .'-2 Wallace, c. q Re-
ports p. 22