The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-04
OPINION OF JUDGE GRIER

A,I write WITH difficulty can only state The con
illusions 10 which my mind has come after careful
examination Of this case. !
The complainant has exhibited patent dated
18th Of April, Ib5. This Is prIma facie evidence
good title, and puts on the respondents the bur
esn Of proof that the patent is void or worthless.
necu not repeat myremarks inthe case of Good
year vs.. Day (2 Wall, G. c. Rep; :l.9) but now
adopt them aiioriins rule OF decision which ap-
plies clearly to tne present casa.
AS the Infringement of the patent is admitted,
the only question Will be rs to the validity OF
Flainants patent OF April aj,lSJS
Il was after speculation had been reduced 10
Practice and after repeated experiments, that tn
complainant succeeded in over coming the prejudice
and ignorance Of the people on the subject. and
rersualing the public that his invention was useu
sf-r he had established its great utility and value
and "when his genius and patient perseverance, in
spite o sneers anu SCOTS, were completely sue
sessful, that Reed, who had before made expert
mcnts on the same subject. ana was unsuccessful,
and after purchasing one or more complainant tor
pe1oes, he applied on the lst of November, 1867,
icr patent for substantially the same combna-
tons OF devices and machine onaned in complain,
ants patent; On the 18th Of the same month the
respondents formed the ense ives into company
cor. oration called - rhs Reed Torredo COMPANY,
fr the purpose Of pnting The complainant in
venton, and supporting the eNpeI,ve OF lit tiglou,-
and inus deIraud hiG d tue fliiis They have per-
served, even nt'cr the prel:inagy injunction very
properly granted by tit district Judge:
Let degree be elierod for CONF ainart for per-
petuai injunction; and Master, apponte to take
Al account accoidingy 10 the payer of the:bill.
r. C. GNER, Jndgs.
NorE-The passage referred to by Judge Grier in
his 1ormer decision, q Wallace, r. 2e5 adopted as
applicable to this case was follows:
at Is usually the case, when any valuable discov-
sry is made, or any new machine of great utility is
nlvonted, that the ca,tention of thc-pubic has beer
Alrncd to tiat subject previously, and that many
persons have been making researches and expert.
Inents. Philosophers ana meChDnicians may nave
N some mcasGre anticipated in their speculations
l-Ia pOsslbliif: or PROBABILITY OF such discovery or
" uiei, coming very near. Yet falling short OF the
cn-irt.d result. They have produced nothing bene-
f:n, The invention when perfected may truly he
Hsit! 10 be the crifnirnting point of MANY expert
hien not ony by the Inventor. but by many 9th.
Ors. tic may have prohtod Indirectly by the Insuc-
ss-,fl experiments md failures OF Others but il
gives them 10 right to cian share OF the hcuOr OF
.hc pTo.lt OF Tue successful inventor Ii Is when
speculation has been reduced to practice when ey-
pertinent ha. resulted iu discovery. and when that
discovery ha' beea perfected by patient ana contin-
Ted experiments, when some new compound, art
which is uselulto .hcpu5ic that The party iiangit
becomes apuDiic bentflctOr ard entitled 10 patent
"Anu yet whCn genius and patieut perseverance
have at length succeeded, in spite of snters and
soods. some valuable Invention or disco-ery, how
seldom is il followed by reward Envy rnbs him
Of the honor, while speculrtots, swinLefs and pi-
rates rob him of tho proits. ENery unsuccessful
s;syerincnter WHO did o: did or did not come very
near making a discovery claims it. Every one
who can invent an Improvement vary its form,
claims right 10 piraie the original discovery. We
need not summons Morse, or Blanchard. or Wood
worth prove tat this is the usual history Of eve
ry great discovery or invention
''Ihe present case ands another chapter to this
long and uniform history.''-2 Wallace, Z. ke
ports p. %