The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-01-24
OPINION OF:JUDG1,GRIER

AZ write with ulNicuIty cah only state the m,
clusious To which my mind has come after ca,sf,
examination OF this case.
The mplainant has exhibited . patent d,,ss
Ath Of April, Isis. This IL prua facir e,idec, Of
a good title, aud puts on the respondents the bpr
den Of proof that the patent is void or worthless
nccu not repeat my remarks IN the case Of (,o6t
year VI. Da, t2 Wall, e. G. ReI; 229,J but nov
adopt them as aifording rule oi decision Which A..
plies clearly TO the y esent case.
As the Infringement OF tue patent is admitted
the oni! question viii be as to tue validity Of con-
plainans patent oi Ap,i ~, ls5S.
Il was az r Speculation had been reduced, 10
practice. and "f''r repeated experiments lh,, tn
Ioinpsinani suc- eedto IN over coming the prejudice
aud igl.olance Uf tue people OIL the subje,t and
rcrsut1iug the pusic ia his invention was ustill
ait r lie mad e~tabl shed Its great utility and yslus
AMI when his senius and prtleit per ssverapcs, in
Il teo -heers NJ scoti-, were ompltely suc
le siui, that Reed, whu mad before n d. experl.
merits on he sain' subj Get and was ulsuec esiui,
ard al .r burchs'irg uLr ur more compsiuaust tor
pc .oes he nppi on the LIST Of N6veu.bsi, Ias,
Il. ps;e',iO. substantially the ,ane comb!ls.
ons Of dev,c,s shG nct lne eon an.d IN svsipGn,,
ants prt-n,; On b. leth 4 the .an.e G!on,h tic
re .pUlucnts form, q the nse ives into company or
COR ,Iation Cali,d h nevd TOT. ed1 lomI sn,,'
f.r the purpose p .ltng 'he co" pn inats III
v"ntion, aud supporting tIe expe1see o. litigation.
ana 4 defraud hIu OF tile i,u ts. They have per.
a. we'd, even afier the prei.ma injulcti>n very
properly granted by til .t.rc, Judte:
Let degree be cnsr'd 80, co,uy lsinsi for apsr.
petual injun CtioD: aud Master upprinte " take
AL account ac.u dinGy TO the payer yf the hil.
GorE-The passage referred to by Judge Gner a
his former drcis' On, 8 Wallace, p. 200 adopted -
app icabis to this case was Us follows:
"It Is usually the case, when any valuable diseor.
cry IL made, or any new machine Of great utility
inyented, that theaItention of thepublic has bsei
turned 20 that subject previously, and that mNy
persOus have been making Researches and expert
ments. Philosophers ana mechanicians may have
IN some MEASURE anticipated in their speeuatons
.ac possibility or probability OF such discovery OF
inventions; many experiments have beet Successful
y tried coming very near. yet falling short o. toe
desired result. They have produced Ro,hng bent
ica The Invention whei perfected may lnily 't
said to be the eliminating poipt OF many eiFe,
mon Z, not only by the inventor. but by many ot'
ors lie may hav, profted Indirectly by the untuc.
cessful experiments and failures OF Others Dul ! !
gives them no right to cla IN share oi tho henot ol
the profit of the sncccssfll inventor il y wnen
speculation has been reduced TO practice When s'
pertinent has resulted IN discovery and whtn tla'
discovery has beep perfected by patient and eehnn'
ued experiments, when some new coripouho, u,
manu- actule, nr machine has been thur pr.Gust.
which 10 useful to thcpnblic that the party hsu"
becomes apublic beuefactor and enttleoto pa,,
sand yet when genius and patti ut ptne.enS'SS
have at length succveded, in spite OF sD.en us
SCOTS, some valuable invention or disc0"sIy, NV
seldom ia Il followed by reward Envy foos I,I ~
Of the honor, whiio speculafOrs sWindeis apu XII HI
rates rob him of the profits. Every unsncees.u.
exI,erimen,sr who did or did or did not come va!
near making a discovery now claims II. E'tis .m vm'
who cali invent an improvement or vary w "' We
claims right to pirate the original usso,n! y. !woI
need not summons NJ Orse, or Bsnchaid, m ~" w..
worth u prove that this s ths usual his'o'' VI Wv
ry great discovery or invention. A. ,h,s
'"The present case sods another chapte, :" u H.
long and uniform history. WsIiacs's "
ports y "