The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-28
a OPINION OF JUDGE GRIER

As write with difficulty can only state the CO,
illusions to which my mind hss como after carein.
examination of this case. L.
The complainant has exhibited patent dated
good title, aud puts on the respondents the bur
den of proof that the patentis void or worthless.
need not repeat my remarks in the case of Coed.
year vs.; Day e Wall, c. c. Rep; 229,) but now
adopt them as atlording rue ci decision which an!
pies clearly to the present case.
As the infringement Of the patent 10 admitted
the only question will be to the validity Of com
plainants patent of April IS, 1858.
81 was after speculation had been reduced to
practice" ana after repeated experiments. that tn
complainant succeeded in over coming the prejudice
and ignolance of the people on the subject, and
persraung the public that his invention was ustfu
after he had established its great utility and value
and "when his genius and patient perseverance,, in
spite orsneers and SCOTS, were completely sue
,sful, that Reed, who had before made experi.
nents ON The same subject and was un-uc c,esiul,
and after purchasing one or more complainauts tor
pedues, he applied on the LIST Of November, 1867,
Tor patent for substantially the salne combila.
Ions Of devic,s and machine COM aimed in complain,
ants patent; On the 10Th Of the same monIh the
Respondents formed themse Ives into company Or
.vrlpra!ion called 'lhe heed Torpedo COMPANY,
f'r TIE purpose Of piiating the complainant in
vention, aud supporting the expensee OF litigaton-
ana tnas defraud him Of the fruits They have pur-
served, oven af,er the prcl!mary injunction very
pToper,y granted by tie Ais'rict Judge;
Let degree be enterod for conf lainar for per-
pstual injun Ction; and Master, Appointe to take
- account according y to the payer Of he.bill.
y, 49, -, Il. {. GMEk, Judge.
Norx.--The passage referred to bv Judge Grer in
his former decis ON, Walince, p. 299 adopted as
app icable to this case was as follows:
"1t is usually the case, when any valuable discov-
cry is naaa,o amy new machine Of great utility Is
invented, tia. the attention of the public has beI
turBrd to that subject previously, and that maiy
persons have been making researches and expert
menll. Philosophers ana mechancians may iaye
iu some MEASURE anticipated In their specua!ions
ihe possibility or probability Of such discovery o.
inventions misly experiments have beet successful
ly tiied coming very near. yet falling short ol 4le
desired result. They have produced nothing benz
Gqai. The invention wheh perfected may lruly -
| sad to be the cal lmina'ing point OF manv exift,'
mUa,s, nt only by the inventor. hut by many ON
orsr lie may hav. prntted indirectly by the unsuc,
cess!ul experiments and failures OF others Dul u
gives them right to clam share oil the h"ho VI
the profit Of tho successful inventor IL u m''uh
spec ulatiou las been reduced to practice, when eA
pertinent has resulted In discovery and when tl"i
discovery has Ase2 perfected by Iasien ana c9nl'
| ned experiments, when some new compound, ~.
| napuiacturs, Or'maehine has been thus prnuucc.
which s useful TO the public that the party inaSyn
beepmcs public benesact0r and entledtoa palell
"And yet when genius ,cud patti ut perscveiane,
have at length succeeded, In spite OF sntels anu
sccas, some luable inventioaor csco'efy, hGm h
seldom Ia II followed by reward! Envy RODS n'
Of the honor, While speculators, swindles, anu hi
rates rob him of the profits. Every unsucce.sn.
experimen,er who did or did or did not come ,tn!
near making discovery now claims IT, ENery on'
who can invent AL improvement or vary us ioiH',
claims right TO pirate the original discovery! III
| need not SUMMONS Morse, or BlancAsid, VI ~" wv.
worh to prove that this Il the usual histoi' VI W
| ~ grtat discovery or invention. All,
"The present case aods another chapter 10 ihis
| long and uniform history.'-2 Waliace,i u '''
por.sp - %. ii, 'A' .' ''