The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-16
OPINION OF JUDGE GRIER

OPINION OF JUDGE GRLER
As write with difficulty can only state the con
clusions to which my mind has come after u careful
examination Of this case.
18th of April lS65 This is prma facie evidence OF
good title, and puts on the respondents the bur
den OF proof that the patent is void worthless.
year vs.: Day Il Wall, c. G. Rep; 229,) but now
adopt them as atfordng rule OF decision which ap-
pies clearly to the present case.
AS the management of the patent Is admit ted,
the only question will be as to the validity of com
plainants patent of April 25, 1858.
ii was after speculation had been reduced to
practice" and after repeated experiments. that tn
complainant succeeded in ,er coming the prejudice
and ignorance of the people on the subject, and
persuacing the public that his invention was isefu
after ne nad established Its great utility and vane
and when his genius and patient perseverance, in
rpite OF sneers and SCOTS, were completely sue
ce-siul, that Reed, who had before made expert
1nents ON the same subject. and was unsuc ceesful
ana after purchasing one more complainauts tor
pedoes, he applied on the lst of November, 1867,
ior a patent for substantially the same combina-
uns Of devices and machine contained in complain
ants patent; On the 18th of the same month the
respondents formed themse Ives into company or
COR rroration called "The Reed Torpedo Company,
i,r me purpose Of pirating the complainant in
VentiOn and supporting the expensee OF lit gation
and thus defraud him Of the fruits. They have per-
served, even after the prelimary injunction very
properly granted by tie district Judge
Let degree be entered for comp lanart for a per
petual 1nJunc cti0n; and Master appointe to take
IN account accordingly TO The payer of the. bill.
Il. c. GRIER, Jndga.
NorE.-The PASSAGE referred TO by Judge Grier in
h- former dscis ON, WalIace, p. go adopted as
applicable to this case was US follows:
1T Is usually the case, When any valuable dt.cov.
cry Is made, or any new machine 0f great utility is
Invented, that the attention of the public has beer
turned to that subject previously and that many
persons have been making researches ard expert
ments- Philosophers and n eehanioians may have
~ some measure anticipated in their sp.cuIations
sAe possibility or probability Of such discovery or
invention; many ex )ernents have been successful.
~ tiled, coming very near yet falling short of the
ne.lred result They have produced nothing bene-
hclal. The nveIItioh'whsn N rarfected NAV truly ne
ssid to be the eliminating poist. of MANY exneri.
men 8, not only by tie inventor, but by many 9th.
ors lie may nave proited indirectly by the upsuc-
cessful experiments and failures of Others but ii
gives Them no right t1'cie IN share ofthe hUnor of
the proht or the successful inventor IL Is when
speculation has been reduced tn practice when ex.
pertinent has result I'd in discovery. and when that
discovery mas beei perfected by atient ana contin
nod experiments, when some new conpound art
manuidcttre or Machine has been thus produced
whch Is useiulto public thaathe party making II
Deromcs apublic benctfctOr aIideutitedto a patent
"And yet when genius and patient perseverance,
nave nt length succeeded in spite of sneers and
sconS, some valuable invention or Gisco"ery, how
seldom is II followed by rewardi Envy rnss him
OF the honor, whilc specularors, swinders, and pi
rates rob him of the profits. Every unsuccessful
experimenter who did Or did or did not comc yery
near making a discovery now claims 1t. Every one
who can invent an Improvement OF 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 of eve
ry'great discovery or invention.
"The present case ADDS another chapter to this
long ana uniform history.'-2 alIace, e. u Ike
ports p. 2sS'