The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-21
OPINION OF JUDGE GREER

OPINION OF JUDGE GRIER
As write with difficulty can only state the con
clusons to which my miad has come after careful
examination OF this Case.
The complainant has exhibited a patent dated
18th Of April, 1o55. This Is prma face evidence OF
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 Good
yenr va. Day q Wall, G. e. Rep; 22 but now
adopt them affording rule OF decision which ap
pics clearly to the present case.
As the Infringement of the patent is admit ted,
the only question will be as to the validity OF CON
plainants patent of April IS, 1858.
II was after speculation hatbeen reduced TO
practice" and after repeated experiments. that tn
complainant succeeded in over coming the prejudice
and ignorance OF the people the subject, and
uersuaaing the public that his invention was ,sefu
after he mad established its great utility and valus
and when his genius ang'nntient perseverance,, in
spite OF sneers and scofs,' were completely sue
0eesful, that Reed, who had before made expert
ments on the same subject. and was unsuccessful,
and AFTER purchasing one or more complainauts tor
peioes, he applied on the 1st of November, 1867,
for patent for substantially the same combina.
tons of devic. and machine con aimed In complain
ants patent; On the 10Th of the same month the
respondents formed themse Ives into q company or
cor poratiOn called "Ths keed Torpedo COMPANY,
f1r the purpose OF piratng the complainant in
Vcntlon ana supporting the expensee of lit gatiUn,
sAd thus deiiaud him oil the fruits. They have per-
served, even after the prelinary injunction very
properly granted by tie listricr Judge:
Let degree be entered for comp lanant for per.
pstua injun ctioD; and Master, appointe to take
Al account accordingly TO the payer Of thesb
B. c. GkIER, Jndgo
NorB.-The passage referred to BY Judge Grier in
MIS- former decision, Wallace, p 290, adopted as
applicable to this case was rs follows:
"it Ia usually the case, when any valuable discov.
cry Is made, or amy machine of great utility is
invented, that the attention of the public has bepG
turned to that subject previously, and that many
persons have been making researches and experI.
ments. Philosophers and nlechanicians may have
IN some measure anticipated in their speculations
the possibility or pro ,auiliy of such discovery or
lnvanton many experiments have been successful
uied coming very near. yet falling, short vi the
eesred result They have produced nothing beue.
hclal. The Invention When perfected may truly ne
said to be the eliminating point Of MANY eXner.
Men ., not only by the inventor but by many 9th.
or5. tie may have prOteQ Indirectly by the lnsuc.
cessful experiments and failures OF Others but it
gives then no right to s1arc of the hcnor of
the prodi or the successful Inventor II ia when
aton has been reduced 10 practice, when ex.
pertinent has resHted In discovery and when tha,
discovery has boea perfected 10y patient ana contiu
ued experiments wheu suue new compound art
manufacture. or machine has heen thus produced
wnlch Is lseini!o the the party inakingi
seeomes apub!ie benefactor and entitled to patent
"And yet when genius aud patient perseverance,
nave at length succeeded, In spite of sneers and
tc0Hs, some valuable invention or CiscO-ery how
seldom is IL followed by reward Envy robs him
OF the honor, whine speculntors, swindlers and pi.
rates rob him OF the profits. Every unsuccessful
txpermenter WHO did or did nr did hot come y,ry
near making discovery now claims it,, Every on !.
VINO can invent an improvement Or vary its for m
Claims right to pirate The original discovery We
need not summons Morse Bianch ,rd, or Wood
worth TO prove that this is The usual history of eve
fy great discovery or invention.
"1he present case adds another chapter to this
long and uniform history.'-2 Wallace, Z. Z Re
ports p. ",