The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-18
OPINION OF JUDGE GRIER

Va AMMAN Oc oCO06 titkhH
A. write with difficulty can only state the con
clusions to which my mind has come after a caruiu
examination OF this case.
The complainant has exhibited patent dated
18th Of April, lS65. This is prima facie evidence OF
q goo, title, ana puts on the respondents the bur
need not repeat my remarks i'll the case of Good.
year vs.; Day u Wall, e. G. Rep;. 229,) but now
adopt them as affordng rule OF decision which ap-
plies clearly to tte present case.
=, As the infringement of the patent Is admitted,
the only question will be 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 cJmitg the prejudice
and ignorance Of the people on the subject, and
persuaiirE the public that his Invention was isefu
after he mad established its great utility and value
and when his genius and patient perseverance,, in
rpite O. sneers and SCOTS, were completely sue
oe.siul, that Reed, who had before made expert.
lnents on the same subject, and was uccvesful
aud after purchasing more complainant tor
peIoes, he applied on the LIST of November, 1867,
Tor patent for substantially the same combina-
IONS of devic,s and machine contained In complain
ANTS patent; On the l5th of the same month the
respondents formed the;nse Ives into company or
cor rorati0n called "The Reed To-pedo COmpaAy,
tir the purpose of plrating the com painalt in
vention and supporting the expsnsee OF lit gstion
And thus defraud him OF the fruits. They have per.
served, even after the prel.mary injunction very
properly granted by tic l,strcf judge:
Let degree be enter'd for coml lanart for per
petual 1nJuncion; and Master, appointe to TAX
R. e. GRlEk, 1nog,
NorE.-The passage referred TO by Judge Grier in
his former decision, Wallace, p. 299. adopted as
spp1cable to this case WIS us follows;
ut Is usually the case when any valuable di.cov.
cry Is Wade or any new chine Of great uiity l..
invented that the attention of the public has beer
tdrncu to that subject previously, and H. at many
persons have been making researches ard experi.
lnents PHILOSOPHERS anu neciiiniciaIis NAV have
III some measure Anticipated in their sp.ciation.
.ie possibility or PROBABILITY of such discovery or
invention; many experiments have been successful
ly tiled, coming very near. yet falling short OF the
desired result. They have prodrcel noihinc hanr
nclal The Invention whel perfected may truly he
eAld TO be the cunip2tirps point of nlsuy eyneri.
men 8, not only by the inventor. but by MANY 9th.
ors. lie may have pib;lted Indirectly by The iusuc.
cessluI experiments ard fiil;res of Others, but ii
gives them no right t, c'e IN STARE OF the honor of
the profit OF the sulco-siu! inventor IL is when
speculation has been reduced to praetice when ey
pertinent has resulted in discovery and when thai
discovery has beeE perfected by patient anu contin.
ueu experiments, wien some new compound art
manufacture, or rici.ine has been. thus Drodr1ce1
winch Is usefuito ;he public, that the pSrty nakngi
becomes apublic hen-fictor and entitlcdto patent
"And yet wnen genius and pateut perseverance,
nave at length succeeded, in spite. of snrers and
SCOTS, some valuable Invention or ciscovery. how
seldom Is II followed by reward Envy robs him
rates rob him of e''profts Every unsuccessful
experimenter who did or did or did liot come very
near making discovery now claims it, Every ona
VINO can invent an improvement or vary its form
claims right to pirate the original discovery We
worth to prove that this IL the usual history of eve
ry great discovery or invention.
zine present case ADDS another chapter to this
long and uniform history."-2 Wallace, Z. = Ike
ports p. W