The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-14
OPINION OF JUDGE GRIEEy spr,

.
As write with difficulty can only state the 60.
clusions 10 which my mind has come after A c,,sS
examination oi this case.
The complainant has exhibited a patent a,,.i
5th Of April, 1860. This Is prlma iacir eyidsnra =.
good title, and puts on the respondents The I'm,
dcn U! pro'f thai the patent ia void or worthless.
need not repeat my remarks In the case of f,oo.
year VS.. Day (2 Wall, q. G. Rep; 22Jl I'm, wv,
adopt them a. siiordins q rule OF decision Which =,
plies clearly to the present case.
As the infringement of the patent il ADMITTED
the on, question will be rs to tAs validity of r"
plaInans patent of April %, 1858
81 was aier speculation had been reduced IN
practice. aud afur repeated experiments ih, "a.
complainant succe cded In over coming the preiIdI
aud igno ance OF the people on the suble,t srs
iIsuauing the pubic thaI his Invention IVA, u.,fp
Alter he had established its great utiv and y,ln.
tni waen MS genius and patient perseverance, ia
spite o. rneeIs md scOtI-, were oomplrtriv .p~i
cessful, that Rced, who had before made eIrsrl
inents on The same sub ect. and was uu-ucc,,.tni
and alter buschasiny one " more conf plAinaut to
peaoes, he applied ON the lat Of November. Iss;
ior patent ior substantially tie same comh!ps
uns Uf devicss and machine COO aneA in compls /.
ants patent; On the 10th Of the same mouIb n,
respondents formcd then-e Ives into q compap, M
cor oration called he Iced Torpedo CONTAIN,
ior the purpose OF prating the complainanis : ia
ventlon, and SUPPORTING tAe expen.ee OF III rstiop
and thus deiraud him OF the fruits They have p,r
served, eveu after the prel.mary injuLctivn ye-,
properly gsantcd by tit district Judge
Lei uesrev oe entered ior COM ainart for PEI
pet1al injunction; and Master. appointe 10 III,
an acc"un, aceoidinSiy TO the payer OF the;bil ~
k g uklER, Juc.a.
NorE --1hc passage referred to bv .Jndce C;rier
MS former decision, y Wallace, p 2eg adopted 4,
app iCahlc to this case was as follows.
1T Is usually the case, when any yaluahle d.eov
cry Il wade, or any new machine Of great utiity
ifented tiat theaitcnfion of the public has b.,n
urnod tn that subject previously, and thai man,
persons have beeh making researches and exp.r.
nlents. Philosophers anu mechapicans MAJ t.v,
NsoIae M .asgre anticipated in their specuja,iop,
.is poseibiity or probability of such discovery .,
hNehuoui many experiments have been success.uL
y ulel, coming very near. vet falling short of ,h.
iesiFei result They have produced nothing bsh,.
Htihl. Tue Invention whc' perfected NAV truy'e
SAID to he the Gu ninating point Of many eYoer.
men :, not only by the inventor but by many ott.
oss ne may ha,. profted indirectly by the in.gt.
ce-sfu' experiments and failures Of others but it
SNeS 'hem no right to clam share of the hVroroi
the prodt Of the successful inventor 1t is wh.a
spe 'ilallon has been reduced to practice when ei.
pertinent ha- resulted In discovery and when tht,
discovery has been perfected by patient ana conti
@ ueu experiments, when some new compound AT
lnanulactrle, or machine has bean TIM. product
which Is useiulto the public that the part mssjns
becomes spublic bcnefaCtor and entitled to patent
ana yet when genius and patient persey ss.ree
aave . a, length succeeded. In spite Of sn,ers and
'cohs, some valuable invention or discovarr how
seldom ia II followed by rcwardi Envy roi. BIN
OF the honor, Whiie speculators, swpdler, and pi-
tales rob him of the profits Every un,nrses.ul
eNpeFlmrnter who did or did or did not come yery
near making discovery now claims IL. Ever on,
VINO can invent an impro vemeut oy vnry Il. isn
claims right To pirate the original dj.coye,y We
need not summons Morse or blanchard. or Wood
worth TO prove that this i, the usual history Of eve
~ great discovery or invention
"The present case adis another cbsnt.- m mi,
ione ana Uniform history. "a Wsliscs,i Y. . Ri
ports p. 292