The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-08
OPINION OF JUDGE aR1ER

OPINION OF JUDGE GRIER
A. write with difficulty can only state the con
clusion, 10 which my mind has come after a caresu
Examination OF this case.
The coma plainant has exhibited patent dated
25sh Of April lSJ5 rnis Is prnia facie evidence OF
a good title, aud puts on the respondents the bur
aen OF proof that the patent is void Or worthless.
need not repeat N remarks i'll the of Good.
year u. Day u Wall, c. c. Rep; 2.9,) but now
adopt theln aiiordiaS rule ol decision which ap.
pics clearly To the present case.
IL the infringement OF the patent is admit ted,
she dly question will be as to the validity OF com
claimants patent of April 25, 1853.
Il was after speculation had been reduced to
practice and aft.r repeated experiments that tn
complainant succeeded in over coming the prejudice
spd ignorance Of the people on the subject, ard
terS,iaung the public that his Invention was useiu
sit.r be had established its great utility and vane
and when his genius and patient perseverance,, in
ppite o. sneers anu scoifs,' We're completely sue
se.sful, that Reed, who had before made expert
nents on the same subject. and was unsnc ceesfal
and alter buicha,lng one or more compainauts tor
pcdoes, hc applied on the Is; of November, 1867,
FOR u piteut iur substantially the saine combiua-
ons of devices aid machine contained in complain
ants patent; On ihe 10Th Of the sli,ie month the
respondent, formed thense Ives into company or
orrorltion called ~ he Reed Torpedo Company,
fJr the purpose of prating the complainant in
vsnton, and supporting the expensee OF litigatUn,
And thus deiraud him Of the fruits. They have per-
served, even after the prel:mary injunction very
propeily granted BY Tie district Judge:
Let degree be enternd for com, ainart for per.
pstual injun ction; and Master, apponte to take
iu account aceoioingiyt to The payer Of the.biil.
.----- I. G.. GklEh, Jndgs.
Notes.-The passage referred to bv Judge Grier in
MIS- iorner decision, Wallace, p. 100 ADOPTED as
applicable to this case was as follows:
ut Is usually the case when any valuable discuv.
cry ID made or any new machine Of great utility il
invented that the attention OF the public has beer
urned to tlas subject previously, and that many
persons nave been making researches and experi.
ments. Philosophers and mechaniciaus may have
In some MEASURE anticipated in their specuations
she possibility or probability of such discovery or
inventions; many experiments have been successful
Tiled, coming very hear. yet falling short OF the
desired result They have produced nothing ben.-
neal The Invention when perfected NAV iruv ne
said to be the eliminating point o! many eSuer,.
men s, not only by the inventor. but by many 9th.
Ors lie may have proiited Indirectly Dy The iinsuc
eessful experiments and failures of Others but it
gives them no right to claim shnre ofthe honor OF
tie profit OF The Successful inventor II is when
speculatlon hts been reduced to practice, when cx-
pertinent has resulted In discovery. and when that
discovery has beeA perfected by patient ana contiu
ued experiments, when soIfe new compound art
ia'nui'.cturs. or maenine has been thus produced
when 10 useful TO the public thai the party making
tsronles apublic beleiactor and tited TO patent
"And yet When genius and patitut perseverance,
nave at length succeeded, in spite of sneers and
seOus, some valuable invention Ur diJcO"ery, how
seldom Is IL followed by reward Envy robs him
eI Tue honor, Whine spectators, swindeis and pi
fates rob him OF the profits. E\ery un,ucces SAUL
sxJerimenter who did or did or iio hot come very
nsar making discovery now claims it. Every one
Who can Invent an improvements or vary its FORM
slams right to pirate the original discovery. We
need not summons Morse, or Blanchard, or Wood
worth to prove that this Is the usual history of eve
ry great discovery or invention.
"Ihe present case aods another chapter to this
long uniform history."-2 Wallace, Y. y lie
ports p. ~, ' --i IT, r. =