The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-19
OPINION OF JUDGE GRIER

OPlNlON OF JUDGE GRlER
As write with difficulty can only state the con
clusions To which my mind has come after careful.
examination OF this case.
The COM plainant has exhibited a patent dated
25th Of April, 1870 This Is prima facie evidence OF
good title, and puts on the respondents the bur
den OF pronf that the patent is VOID or worthless.
/ neeu not repeat my Iemafks in the case OF Good.
year vs.. Da, q wall, L. c. Rep; 2s9J but now
adopt them ailording rule o decision Which ap-
pics clearly to the pr esent case.
As the infringement of the patent Is admitted,
the only question Will be MS to the validity vi com
plainallls patent Of April p, 1853.
Il was aii,r speculate II had been reducCito
practice. aud aft,r repeated experiments, lha, tn
complainant succeeded III over cOm 8 the prejudice
and iguoi iance Of the people oil the SUBJECT and
rersuadilG the public tla his uy, ntion Was s,iu
aft he lad established its great utility anu value
and when his genius and patent perseverance, il
spite snetrs M scotf-,' were completely suc
&c siul, that Reed, who had before III. de expert
ments ON he same subject and was unsucc, t,iul,
and after burcha-ing one or more cumpianauts tor
pedoes, he appli' d on the Isl ofNOvenber, 1861,
TOR paie' for substantially the sume combra-
ons of devices and inachine aimed in complain,
ants patent; On he 18th vf tue sane nUnih the
re.pundeits formed the nse ives into con pany Or
Cor Grafton called ''ih4 heed 1orledo COMPANY,
The purpose If rating the COZ, pEinali in
vention, and supporting the eXpe Ol lit CATION,
and thus deIru I'd him Of the flits. They have per-
served, even AFTER the prel.ma'y tnjuhcti>n n very
properly gIahtcd by tit isIricI Judge:
Let degree De entered .or conf lainal for per.
petual injun otiui; and Master, bppuinte to take
AL account accordingly TO lhs payer Of the. bin.
Il. G. GIukK, Jncg9.
NorE.-The passage referred to bv Judge Grier in
his former drci.' 8 Wallace, p. 300 adopted ~
app icable to this case was as follows:
at Is usually the case, when any valuable di.cOy
cry is made, or any new machine of great uiiy IL
Invented that heatte!iton of the public has been
turned to that subject previously, and that malT
persons have been making researches and expert
ments. Philosophers and mechanicans may have
some nj asllre anticipated in their speculations
.le possibility or probability Of such discovery OF
invention; many experiments iare beeI successful
ly hied coming very near. yet falling short ui the
desired result. They have produced nothing bene-
fca The invention wheel perfected may linly =
said to be the eliminating point OF MANY eXperl'
men :, not only by the inventor. but by many olp'
ors. tie may hav, proiited Indirectly by the un.n;.
ceasfu experiments and failures OF others, Du' u
gives them right to cla III share oLtbe hcnor o
the profit of the successful inYentOr II Is "hcn
speculation has been reduced 20 practice, when eA
pertinent la. resulted in discovery and when ta'
discovery has been perfected by patient ana c0n'in
ued experiments, when some new compound AZ.
manufacture. or machine has been llI,ls prouuetu
which is useful 10 thepnblic that the party nakinsn
becomes apubc bentiactOr and entitedto patent
sand yet when genius and patti, mt perse'eiahct
have at length succeeded in spite of sn' eTs anu
SCOTS some valuable invention or Gisco"ely, hym
seldom is ii followed by reward Envy fob' MN
Of the honor whine speculatOrs swinde,s. anu n,
rates rob him of the profits. Every uhsncee.ai
eNperimtnter who did or did or dll hot c,mc ,,
near making discovery now claims II. Ever! um
who can invent an Improvement or wary US wv" W.
claims right to Iirale the original discoVe!,r Va
need not summons worse, or Blanchard, OF WIN VIZ
worth to prove that this IL the usual history VI Wv
~ great discovery or invention A.. ,t,.
"The present case au1S another chapte, " I
long and Uniform history."-2 W sace,i v H'
ports p. %"