The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-06
OPINION OF JUDGE GrIER.


As write with difficulty can only state the cor
illusions 10 which my mind has come after Il careu
examination of this
The com ainini ias exhibited a patent date
25tn Of april 1868. This Is prima fact. evidence o.
gopd title, ana puts on the respondents the bur.
den OF proof that tie patent is VOID Os worthless
need not repeat my remarks in the case of Good
yelr vs.. Da} e. Wall, G. G. Rep; 2.9) but nov
adopt theii Ms ailordng rule o decision wi ch an,
pie, clearly 10 the present case.
As i,e infringement of the patent is admitted
the only question viii he us 10 the validity of COM
pleiianis patent OF april 2i.is5S
~ wa' afpr speculation bad been reduced In
pracilcc ara Giser epealed experiments that the
complainant succeeded n overcoming he ,rri,itli..
and lsio''hGeH OF Inc peop'e On The subject, and
pcrsnojiug the plbc that his nvention w. - useu.
afer he bad established IT. great u,iiit, and y.ue
and "when his gen Us and patient pelsevetnuce in
spite OF sncer. and scoT-,n were completely s1c
cusSiul, that ieed who had oeiUre made cynpri..
meats on the same sunitSt, and was un-ucces.f,i
mieined that lie had the best light to Invention
AID after purchasing one o. co.uplunat'~ Tor
petOes he applied On the LIST of Aoy,,,lar ;sie-
tOc patent Tor Substantially the sane coinina
ton. oi devices and II hinc Contained in conan ain.
ihts pa'eht', oh mo 10th OF the same month the
respondents formed themselves into comptIiy or
CORPORATION called "Thc Reed Torpedo Coii,n,nyH
lur the pdrpo,e OF printing the comDainani,s in.
sentlon aud supportin. the expense ,i lit,,rotio,l
aId mus deiIaul him of the irnits. The, have lcr
severed even after the pre- iminary Injunction very
properi. granted by the District Judge -
Let decree he entered for complainant for n ner.
petual 'pjunction. aid II Master appointed TO fake
an account according to the priyer Of the bill.
,,yr IL. Z. Glil Err, Judge.
NorE.-The passage referred to by JUDGE (;rier in
hs lornier dec s'on, Wallace, p. 290 adopted ns
app icabie to this case was as follows:
III - usuaiy Inc cuSc, Whun any valuable III. .cov
cry s wade, or any new machine Of cr,nt II itv il
invented tiat t"ca'teitlon of The public hss been
ilirntu To titt subject prevollsly and thai ma,
persons linNe ben making researches and cyueri
men's Philosophers and mechaniciaIis nav iiay.
u some M fsUrr anticipated in their spcuiai0ns
the possibility or probability Of such discovery or
invention; many experiments lave ,<.el successful.
~ tilel colii,S very lear yet falling shoit OF the
GcslIed result. They have produced pothin.r hen
Hc'2i. ne ln'cnipn whei perfected NAV tulv IL,
'i'i 10 DC Hc cIinilia'i,iS point oil UaIlv expeli.
mcn ?, mot IN Y hy the Inventor, but hv nnny oth.
ura iie may hNv. l,rotlted Indirectly hy the r.r,c
ce.siul experiments and failures of ,thert hut /,
gives them right to ca III shorc OF the lo nor o
ti.e profit OF tie successful inventor IL IA when
spec"iatioh ms oeeh rec0crd 10 practice, when ex
ptfihvt has resulted ia d.4covcry and when tha
discovery na@ he'n perfected 10y patient ana con.n
ntu experiments wien some new cnmDonnd art
| niapui9ctuie, OF inauiine has bcen thu, pfsducel
NhvNls usen 10 the public, that the party making II
oeolic7 hphphc ooh'iactor and entitled 90 "a ent
"and Yet when genius and patitnt p..rseyeralc,
tave at length succeeded, in spite of snrers nnd
Scoiis' some valuable Invention or Ciscoery hn,y
| seldom is /, followed by reward Invy robs him
oI the honor "hiic s.ieculators. swindlers and nj
| rates rob him OF the profits Ever uu.rrcns an
experimtnler who did or did or did rot come y,r,
| near making - discovery now claim. IT, Every on,
| wEo can invent an Improvement On vary its form
| claims right to .ira'e the Original discovery ",
need not summons horse, OF Blanchard or Wood
/ ~ sr-ai discovery or invention.
| "Ihe present case a0ds another chapter to thi
| long ANA uniform history - Wallace C. q. Ke
| ports 80!