The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-15
OPINION OF JUDGE GRIER.


As write with difficulty l can only state the con
ciusons to which my mind has come after careful.
examination Of this case. g. J.
The complainant has exhibited q patent dated
good title, and puts on the Respondents the bur
dun Of proof that the patent Is voidOr worthless.
need not repeat my remarks sinthe case Of Good
year vs. Day Il Wall, Q. C.. Rep; 229,) but now
adopt them as afording rule OF decision which ap.
plies clearly to the present case. tlf
As the infringement Of the patent 70 admit ted,
the only question will be as to the validity OF com
plainants patent of April 25, 1858.
Il wis after speculation had been reduced to
practice" and after repeated experiments. that tn
complainant succeeded III over coming the prejudice
and ignorance Of the people On the subject, and
persuding the public that his invention was uscfu
ater he had established Its great utility and valne
spite o. sneers and SCOTS, were completely suc
cessful, that Reed, who had before made expert
ments ON the same subject and was unsuccessful,
and after buFchasing or more oomplainaHt's tor
pedOss, he applied on the 1st ofcNOvember, 1867,
for patent for substantiaythe same con,bina
tons Of deyic.s and machine contained In cOuip,an
respondents formed themse Ives into company or
cor roratiOn caAedS'1hs Reed Torpedo Company,
fJr the purpose of piratingthe complainant . In
and tnus dcfrsud him II ths ffrts They have per.
served, even after the prcl.mafy injunction very
properly granted by tie district Judge:
petual injun cton; and Master, appointe to take
|>'''' ~ &c Q. t aklEk, Snds.s
.NerE.-Tke passage referred 10 br Judge 0rierin
his former decision, Wallace, p. 299 adopted rs
applicable to this case was as follows:
ut Is usually the casc when any valuable discov-
cry Ia made, or amy new machine Of great utility lie
Invented, that che atGnto,aof the pvblic has beeE
turned to that subject previously, and that rnAny
persons have been making researches and >ex seri.
ments., Philosophers and nsthancians may have
IN some measure anticipated In their speculftiOns
the possibility or proM!bNyso Of such discovery or
Invention; many experiments have been successful
tlted, coming very near ssialling short OF the
desired result They have produced nothing, bene-
hcial. The invention when perfected may iruly he
said TO be the eliminating point OF many, expert.
mems, not only by the inventor. but by many 9th.
ofs. tie may have proiltet indirectly by the unsuc-
cessful experiments and failures Of Others but 1t
gives them noright to clam share ofthe hVhor of
the profit OF thsssrcccssful inventor II s-wheu
speCuaticn has tsen reduced to practice, when
pertinent has resulted In discovery. and when that
discovery has BEEN perfected by patient and cOntin-
ued experiments, when some new compound, art
which 10 usefulto tbs pbic the party making II
becomes apubiieSe1efhcter and entifledSo patent
sand yet when genius aadl patient pefseverance
have at length succeeded, In spirsr Of sneers and
SCOTS, some valuable invention or discosefy, how
seldom Is tfollowed by rewardi Envy robs hin,
rates rob him Of thssprofits. Every unsuccessful
experimentsr who did or did Ordid not come very
near making discovery now claims 1t. Every one
who can invent an improvement vary its form,
claims right to pirate the original discovery, We
need not summons Morse, or Blanchard, or Wood
worth to prove that this is the usual history u eve
ry great discovery or inventions.
"The present case ao,s another chapter % this
long and uniform history. ."L2 allace, Z. y Re
ports p. ~