The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-12
OPINION OF JUDGE GREER


illusions to which my mind Inns c0me after careful
examination Of this case.
l'hs complainant has, exhibited = pa.cn. dated
good title, aud puts on the respondents the bur
den Of proof that the patent Is void worthless.
need not repeat my remarks in the case Of Good.
adopt them o. snording rule Oi decision which ap.
piles clearly tO the present case.
A. the infringement of tho patent 10 admitted,
psainants patent of April Is, 1853.
II was after specuiatt'n dbeen reduted to
practices" and after repeated experiments. that tn
and Ignorance Of the people Oh the subject, aud
persuauing the public that his invention was us,fu
after he had established its great utility aud value
and "when his genius and patient perseverance,, in
rpite o. sneers and scoits, were completely sue
cessful, that Heed, who had befcrsmnde expert.
ments ON the same subject and wat 'rnsucceesfai,
pedOss, he applied on .he1 u Of November, lsU7,
for patent for Substantially the same combina.
tons Of devices and nachine contained in complain:
ants patent; On the 10Th Of the sanle month the
respondents formed themse Ives into q company or
COR roratiOn called J" The ke,d Torpedo Company,
fr the purpose Of p,rating the complainant in
sad tnus defraud him vf1hs fruits They have per.
served, even amer the prcl.mary injuncti IN very
properly granted BY Tie district Judye:
petual injun ctiUn; and Master, appointe to take
'''D' "'"s'' % Ms! s rsst SsIEk I! sos; 1nds..
NorE.-The passage recct.ssd 70 by Judge Grier in
hls iorlner decision, . Wallace, p. ~, auopted W
app ic,.bls to this case was us fUlNws:
at II usually the case, when any valuable discov.
cry ID made, or any new nIc6ine Of great unity 10
Invented tAt the aitentiU,rtf tile public has bee1
,uru,d ~ that subject previously, and that maiy
psrsOns have been making researches and expert.
lnents. Philosophers und nst,eEanciaiis may have
~ some measure anticipated IN their speculatiOns
the possibility Or prO'mbitvcf T. such discovery or
invention; many experimcit5 tMve been successful.
ly hied coming very ncar. ye: Falling short Ui the
desired result They have produced nothing bcliu.
ncihl. The Invention when perfected may truly 'e
said 70 be the cilLnatilig pUiat OF maI3a cxI,eri.
lnen A. nat Uniy by the inventor. but by many 9th.
ofs tie may nave proflted indirectly by the unsuc.
csssful experiments and failures Of Others, but 1t
the profit Of the successful inventor 1t il when
speculation has beeu reduced IT, Practice when ex.
psrimcnt ha' resulted In dis' 0very aud when TINT
discovery A be'h perfected by pai lent ad cUntin.
hed experiments, whom oUiic new compound, urt
manufacture or machine lm- bten thur produced
which 10 useful To the public, that the party making
be-ums spubic benefactUr aud entitled to patent
"And yet wnen xeniu, aud patent perseverance,
have ut length succeeded, In spite VI sn, ers and
SCOTS. some valuable invention or cisco"ery, how
seldom Ia II followed by reward Envy robs him
or tile honor, while SPECTATORS, swuLie, o. and nj.
rates rub him Of the profits, Every unsuccessful
exp6rlmentsr whO did ur 6k Nr did not come very
near making discovery h0w claifnS.t. Every one
who cxn invent an iihpn,vene.:tur vary its form,
claims right u Iirae t,'e original ri, eovmy We
neet not summons MOrsss'Or Blanclai d. or Wood
worth pruvs that this the usual history Of eve
ny great discovery Or invention.
"The present Case sdtls another capter 20 this
bong and uniform history.'-2 v allace, z. - Re
ports p. "