The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-13
q OPINIoNioF:JUDGuGR1Ea,u

As write with difficulty can only stss ,hs N,
clusions to which my mind has come after es,st
examination Of this case.
The complainant has exhibited a patent d,s
2oth Of April, 1855. This is prna facie evidspe, q
good title, and puts on the respondents thr IN,
den Of proof that the patent is void or worthless
need not repeat my remarks in the caseof Good
year vs.: Day t2 Wall, c. C. Rew 229,) but now
adopt them as afording rule OF decision which An
plies clearly to the present case.
As the infringement of the patent 10 ADMITTED
the only question will be as to the validity Of ma
plainants patent tf'April q, 1858.
ii was after speculation had been reduced to
practice" and after repeated experiments. lhsta
and ignorance of the people on the subject, and
persuadng the public that his invention was rHia
after he had established it's great utility and vain,
and when his genius and 2stient psrssyerapcs, in
&c. sful, thst Reed, who had before ma h espsri
ments on the same subject, and was unsueceeshl
and after burchnsing one or more complainant ,o
pcdoes, he applied on the Let ofNovembsr, lS,,
for pstent for substantially the came conbns.
tons Of devic.s and machine conainedin complain,
ants patent; On the 18th Of the same monlh ,hs
| respondents formed themse Ives into compauy OF
cor, Grafton called "Ths Heed Torpedo Company
for the purpose of pirating.the complainants in
vention, and supporting the expsnses Of li.igasSn
served. even after the prelimary injunction very
properly granted by tie district Judge:
Let degree he entered for conf lainnt for per-
petual injun ction; and Master, appointe to take
an account accordingly TO the 9'ysI q t;heSia
NorE.-The passage referred 10 BY Judge Gher in
his former decision, Wallace, p. 20S adopted ss
applicable to this case was as follows:
"lt Is usually the case, when any valuable di.cOv
cry Is made, Orany new machine OF great utility h
invented, that the attention of the public has ben
turned to that subject previously, and that many
persons have been making researches and expert
nents. Philosophers and mechanicians may have
IN some measure anticipated in their !peculaions
The possibility or probability Of such discovery 81
invention; many experiments have been successful
y tiled, coming very near yet falling short OF the
desired result. They have produced nothing beDe
icial. The invention when perfected may truly ,e
s.id to be the eliminating psint of manv eIHen'
mems, not only by the inventor. but by many Olh'
Ors. He may have prOilted i1direstly by the npsuc
cessful experiments and faiires of Others, Dut y
gives them no right to Slain share oLthe henot Ol
the profit of the succcssfIl inventor II is Wnen
speculation has been reduceaitO practice, who0 e.
pertinent has resulted In discovery, and when .aN
discovery has been periecteaby patient and eonlln
ued experiments, when some new COMPOUND, ".
manufacture, or machine has been thus pfoouee,s
which 10 useful to thepubc, that the party makinsa
becomes apublic benefactor and entitlsdto pasn.
"And yet when genius and patient penevei.as.ss ss
have at length succee6ed, In spite OF snees ana
SCOTS, some valuable inventionor dsco"efy hGm G,,
seldom 10 Il followed by rewarda Envy roos n,I,
Of the honor, w.Ae spec,hators, swindler, and p,
rates rob him of the profits. Every unsucfe.slu,
experimentsr who did or did or did not come ,a!
near making discovery now claims II. hse} .m vm'
who caninvent an Improvement or vary w I'VE Ws
claims right to pirate the original discovery W.
need not summons Morse, OF Blanchard, OF oS 'vs
worth to prove that this is the usual history o. e'e
ry great discovery or invention: D.. mi,
'"The present csze ADDS another chapter 70 W. M
long and uniform history. .''-2 Wallace,l u Y "
ports p. ~