The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-17
OPINION OF JUDGE GRIrp

As write with difficulty can only sa,s ,ho A..
ciusions to which my mind has come after csrssr
examination of this case ''u
The com panant has exhibited n notent ao,,
10Th OF April, lS6o This is prlina facie eydenc. ",
good title, and puts on the respondents the In,
den OF proof that the patent il void or worthless
need not repeat my remarks i'll the case Of Good.
year Vs. Day (2 Wall, &. {. Rep; 22gl but now
adopt them as alordipg rule OF decision which an.
plies clearly TO the present case.
As the infringement of the patent is admhte,
the only question will be rs to the validity of COM
plainants patent of April -, 1858.
ii was after specrlaton had been reduced tn
practice" and after repeated experiments Thai IN
complainant succeeded in over coming the prrindr,
and Ignorance of the people on the -uble,i. AMI
per>uading the public that his invention was rsf,
after he had established its great utility and vain.
ani when his genius and patient perseverance. in
spite O sneers and scot,-,' were competcly,r me
ccssiul that Reed, who had before made expen.
nents on The same sub ject, and was un-lcc esil,
ana alter purchasing one or more complainant, TO:
peioes, lie applied on the l-t OF November, ls;;,
Tor pateut for substantially the same comlira.
tons oi devic, and machine aimed u complain.
ant patent; On the 10th Of the same month the
respondents formed themse Ives into q company or
cor, Grafton called "rhs keed Torpedo COMPANY
f'r the purpose of pra,ing the complainant 5 in
vcntion, and supporting the eypensee OF litigation.
and tnus defraud him OF the fruits They have pei.
served, even citer the prolmary Injunction ye-y
properly gIantcd by tie district Judge:
Let degree be enternd for CONT ainar for a per.
petual injun c,ion; and Master, appouie to a.s
al account accordingly TO the payer of theihill.
Il. L. G.uER, Juds,.
NorE.-The passage referred to ty Judge Grier in
his former decision, 3 Wallace, p. 800 adopted rs
app icable to this case was as follows:
at Is usually the case, WHEN any valuable dlscoy
cry Is made or any new machine OF great utility Is
Invented, that the attention of the public has bsti
| turned to that subject previously, and that mNy
persons nave been making researches and expei.
| ments. PHILOSOPHERS anu mechanicians may have
| IN some measure anticipated in their sptcuaiOn'
:he possibility or probability OF such discovery "
inventions; many TX Icrirncnts have beei Successful
ly tiled, comm. very near. yet sin. short oi tie
desired result. They have produced nothing beur
ncial. The Invention When perfected may irulye
| said to be the eliminating point of many eXpel'
men 3, not only by the invea,or. but by many Oh'
ors. lie may have proiited indirectly by the unsuc
cessfti' experiments and failures of Others bu u.
gives them no right to ella IN share OF the hcnor o.!
the prott of the successful inventor II Is "Aeh
speculation has been reduced to practice. when eA'
perrin mt has resulted in discovery aud when tlal
discovery has been perfected by patien, ana eon;l.
| ued experiments, when some new compound, 81.
manufacture or machine has been Thu. ptOaleei
which is useful to the public that the party nhlns
becomes apublfc bcIefactor ana entitledt"a paeh'
"And vet when genius and patitut peTseverahe;
have at length succeeded, in spite Of -ntes ana
| SCOTS, some valuable invention or tsco"ery, no"
| seldom IL IL followed by reward Envy RODS nun
OF the honor, while speculaiOfa swindies, ana p
rates rob him of the profits. Every unsucce,'l..
| experimcnier VINO did Or did oTGid not come VIZ!
| near making discovery now claims il. Every oA'
who can invent al Improvement OF vary It's 10TH,
| claims right TO pirate the original discovery, "s
need not summons Morse, or Blanchard, or m"a
worth prove that this Is the usual history oi e'e
| ry great discovery or invention. Az.
"The present case adds another chapter 10 'n' ns
| long and uniform hissory."-2 " alace, T. lie
pots p. "