The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-23
OPINION OF JUDGE GRIEF

AS write with difficulty can only state the con
ciusons to which my. mind has come after carettl
examination of this case
The COM mpainant has exhibited pstent dated
2oth OF April 1855. This is prma facie EVIDENCE OF
good title, aud puts on the respondents the bur
dea Of proof that the patent is void worthless.
need not repeat my remarks in The case of Good.
yenr vs.; Day e Wall, c. C. KEEP; 22s,j but now
adopt them aifording rule OF decision which a.
plies clesrly TO the present case.
the only question will be as to the validity of com
plainants patent of April 25, 1858. =
VI was after speculation had been reduced to
practice" and after repeated experiments that tn
complainant succeeded in over coming the prejudice
and ignorance of the people on THE subject, and
ssrsuading the public that his invention was usctu
ani when his genius and patient perseverance, in
spite o. sneers anu scoifs,' were completely s,c
sessiul, that Reed, who had before made cxperi.
Hients cn the same subject, and was ccetsft,l
and after brrchasing one or more comp aipaut ttr
pedoes, he applied on the 1st of November 1861,
ior patent Tor substantially the same combna.
ons of devic,s and machine contained In comninin
ant patent; On the 18th Of the same nl0nih the
Respondents formed the;nse Ives into company or
cor .oration called 'rhe Reed Torpedo Company,
bor the purpose of pratng the complainant in
yen.ion, and supporting the expensee OF itiration
sad thus deiraud him OF the fltl,ts They nave per.
served, even after the prel:mary Injunction very
properly granted by liz. iSistricf Judge:
Let q degree be enterad for conn llnart for Der.
pstual inJun ctioq; and Master arcuinte 10 take
An "ocountaeeoldinsly to the payer otthesbil
~ =. G4ILlt, Juog3.
k0TE.-The passage referred TO by Judge Grier in
Lls former decis'o 3 Wallace p. 299 adopted as
sppicsofe to this ease was as follows:
II Is usually the case, when any valuable discov.
ery IL Rade- or any new machine of great lt,ty ia
Invented, that the attention of the public has beer
tlrneu TO tiat subject previously and that MANY
persons pave been making researches and e-n. ~.
ments Philosophers and nieclanicians NAV have
IN some measure anticipated in their sprenIatinns
:ne possibility or probability Of such discovery or
inventiou; many experiments have bee successful.
~ uieu coming Very neer yet iaiii1e. short Of the
9csred result Iley have produced nothing bcnu.
hclai. The invention when perfected NAV truiy he
ssld 10 De the eliminating point OF many ezneri-
hieA :, NOT On by the inventor. hut by many 9th.
ors. de may nave proilted indirectly hy The nsuc.
cessiuI experiments and failures of others, but it
ki'es thenl no right to clam share of the hcpnr of
tie profit OF the successful inventor n IL who,
speculason has been reduced to practice when ex.
pertinent ils resulted IN discovery and when fhnt
uacovery mas oeen perfected by patient ara contin.
ueu experiments, when some new cuulpuuud art
manufacture, or Inachiue has been ihns pruilco.j
whicn lIse'ulfo thepnbc, chat the party rahin.u ii
becomes apublie )eneictor and entitled 10 n emf
"Ard yet when genius and patieIt peraryernnce
nave at lengthsucc"edcd, in spite of snters and
ssohs, some valuable invention or disco-ely. now
seldom is IL followed by reward Envv raIs ni,n
ia0es rob him of the profits. Every unsrcce.sinl
e1perinenter who did or did or did not come v,ry
near making discovery iyDw claims it Every ona
uno can lrvent an Improvement Or vary its form
ciaims right to piratc the original discovery we
need not summons Morse, o. Blanchard. or Wood
worm TO prove tnat this Ia thu usual history of eve
ry great discovery OF invention.
"Ihe present case aods another ctapter to tf;s
.one ana ~ uniform history.r-2 Wallace, Z. Z lie