The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-21
OPINION OF JUDGE GRIER


As write with difficulty can only state the IN,
cusions 10 which my mind has come after earstn
examination OF this case.
The complainant has exhibited patent dated
18th Of April, lo65. This is prima facr evidence NJ
a good title, and puts on the respondents the bur
den of proof that the patent is void or worthless
need not repeat my remarks in the case of Cood
year vs.. Day (2 Wall, e. c. Rep 22g,) but now
adopt them as aiording rule OF decision which all
plies clearly to the present case. !.
As the infringement of the patent Is admittdL
the only question will be rs to the validity of coU
plainants patent Of April 81, 1855. J.
81 was after speculation had been reduced Il
r-lctice. and after repeated experiments that tin
complainant succeeded In over coming the preudcs
and isnoiance Of the people on The subject, and
rersua',ing the public thai his invention was ustfa
aft r lie had established its Great utility and yalue
and when his genius and patient perseverance, in
spite sneers nj scoils,' were completely cue
ce- siul, that Reed, who had, before ntde exper
ments on ,he same subject, and was unsucc esu,
and after burcha-ing one or more cumpainaus,o, to,
peuoes, he appli-d on the lst of November, 1867,
tor patei I for substantially the same combila.
ons vi devices and machine con aimed in complain,
ants patent; On the 18th Of tue same monIh the
respondents formed thenss Ives into company Or
cor Grafton called "Ihe heed Torpedo COmpany,
r the purpose IF piatng the Compainants in
venion, and supporting the espelsee OF litigation
and thus detraud him Of the traits They have per.
served, even atier the pre.maTy injunction very
properly granted by tit is,ricr Judge:
Let degree be enternd for conf lainai for per.
petual inun clioD; and Master, uppolnte to take
All account accordingly to the payer Of the.bi.
Il. G. GRlER, Judge.
NorE The passage referred to by Judge Grier
his former decis'o on, Wallace, p. 900, adopted
app icahe to this case was as follows:
at il usually the casc, when any valuable discoI
cry is made, or any new machine Of great uilit! ~
invented, that the aitgatiOn Of the public has been
I'm uaI ..,f hat ipxlt
persons have been making researches and expert
ment5. Philosophers anu mechanicians may have
IN some measure anticipated in their speeuauons
.le possibility Probability Of such discovery OF
lnventioI; many experiments have beeL successful
y tiled, coming very near. yet falling short oi the
desired result. They have produced nothing oent'
nclal. The invanion whel perfected may tlu!
said to be the eliminating point OF MANY exPeiI'
men =, not only by the inventor. but BY many ol'
or.. lie may hav, prOilted indirectly by the lnsa,
ce-sful experiments and failures of Others, bul II
gives them no right to clam share OF the hchOt u
the proii Of the successful inventor IL Is Nn.a
speculation nus been reduced to practice, WheneA
pertinent la resulted In discovery. and whel ,n'
discovery has been perfected by patient and e9h.a,
ued experiments, when come new compohhu a,
manufacture. or machine has been thus prGaaet,,,
which is useful to thepublic, that the party hahns
becomes apublic benetact0r and enttiedto pa'enE
"And vet when genint and patti, at perseveranr5
have at length succeeded, In spite oi snters VIZ
SCOTS, some valuable invention or disco cry, I
seldom Is il followed by reward Envy ious , "a
of the honor. w hie speculators, swindeIs ana Pj
rates rob him of tho, profits. Every un.ncce,sr
experimenter who did or did or did not come 'r! on,
near making discovery now claims II. tvu! m um'
who can invent an Improvement or vary i'' N' ",
claims riuht to liralr the original discovery ns
need not summons Morse. or Blanchard, or mooS
worth to prove that this is the usual history VI Z"
~ great discovery or invention. a., mi,
"The present case sods another chap'e, ~ :, Ia
long and uniform history."-2 Wsllace'l u q"
ports p. ~"