The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-06

OPINION OF JUDGE GRIER
As write with difficulty can only state the con
cl,sons to which my mind has come after careful
examination Of this case
25th Of April, 1866. This Is prima facv evidence
good title, aud puts on the Respondents the bur
den Of proof that the patent Is void or worthless
need not Pep,at my remarks in the case Of Good
year vs.. Day Il Wall, c. G. Rep; 229,) but now
adopt them aiford.ns rule oi decision which ap
plies clearly to the present case.
As the infringement of the patent Is admitted,
the only question will be as to the validity OF com
ylainan,s patent OF April IS, 1858.
ii after speculation had been reduced to
practice" and repeated experiments that tn
complainant succeeded in coming the prejudice
and ignorance of the people Oh the subject, anu
pcrsraling the public that his invention was lstfu
after he had established its great utility and value
and "when his genius and patent perseverance,, in
spite 9, sneers S .nd scofis, were completely sue
lnents on the same subject and was unsuc ceesful,
and after purchasing ono or more compainauts tor
podOes, he applied on the 1st of November, 1867,
Ior apatel't for substantially the same combina-
tons Of devic.s and machine nIaned in complain,
ants patent; On the 18th of the same month the
respondents formed the,nse Ives into a company or
cor roratOn called ''rhs Reed Torpedo Company,
f.r the purpose of prating the complninants in
venton, and supporting the expenses Of tigatl lon,'
served, even after the prelimary injunction very
properly granted by tie district Judge:
Let degrees be entered for COMP lanapt for per
pstual injun ctiop; and Master, appointe to take
R. G. GKIER, Judge
NorE.-The passage referred to BY Judge Grier in
his former decision, Wallace, p. 299 adopted as
applicable to this case was us follows:
"It is usually the case, when any valuable discov.
cry is made or any new machine of great utility is
invented TINT thenltention Of the public has beer
turned to that subject previously, and that many
persons have been making researches and expert.
ments. Philosophers and nechanicans may have
IN some measure anticipated In their speculations
sac possibility or probability Of such discovery or
inventions; many experiments have been successful.
~ tiled, coming very near yet falling short OF the
desired result They have produced nothing bene.
hcial. The invention when perfected may truly ne
said To be the eliminating point of many expert.
men g, not only by the inventor. but by many 9th
ors. tie may have proiited indirectly by the unsuc.
cessful experiments and sGilures of others, but ii
gives them no right to ella share oIthe honor OF
the profit OF the successful inventor II is when
speculation has been reduced To practice, when ex.
pertinent has resulted iil d!scovary and when that
discovery has been perfected ny patient anu contin
ued experiments, when sOme now compound. art
manufacture, or machine has been thus produced
which 10 useful to the public that the party making IL
bceomes apublic be-. .iactOr and enttledtO patent
"And yet when genius and patient perseverance,
have at length succseded, in spite of sneers and
scons, some valuable invention or discovery, how
seldom Is II followed by reward Envy robs him
Of the honor, hiis spectators, swindlefs, and pi
rates rob him Of the profits Every unsuccessful
experimenter WHO didtOr did or did not come very
near making discovery now claimsit. Every one
who can invent an Improvement or vary its FORM
claims right to pirate the ORIGINAL discovery. We
need not summons Morse, or Blanchard, or Wood
worth prove that this is the usual history of eve
ry great discovery or invention.
"The present case auds another chapter to this
long and uniform histc.y."-2 Wallace, Z. Z Re
potts p. ~