The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-17
OPINION OF JUDGE GRIER

AS l write with difficulty can only state the con
cusions TO which my mind has come after carefl.
examination Of this case.
The complainant has exhibited patent dated
25th Of April, lsGj This is prima facie evidence OF
good title, aud puts on the respondents the bur
den OF proof that the patent ia VOID or worthless
neeu not repeat my remarks i'll the case Of Good.
year vs.. Day q Wall, q. c. Rep; l29) but now
adopt them as ailording rule vi decision which an.
plies clearly to the pi esent case.
As the infringement of the patent Is admitted,
the only question will be us to the validity OF com
plainanis patent Cf April 2o,1s5S.
ii WIS after speculation had been reduced 10
practice and afitr repeated experiments iha, Ia
complainant succeeded IN over cOmiI the prelude.
and ignoi ance of the people on the subject. and
tersuauing the public tha his Invention was us,ru
att he mad estab shed its great utility and value
and when his genius and patient perseverance,, IN
spite o -neels nj scoit-, were completely suc
Ce s!ul, that Reed, who had before de expert.
ments on he came subject and was unsucc, esiul,
and after purchasing une more comp ainaui's tor
pclUes, he appli' on tie lst of November 1861,
Tor pate, for substantially the same combnl.
ons Of devices and inachue con aimed in complain,
ants patent; On the 18th II the same monh the
respondents formed thense Ives into n company or
cpr Grafton called ~ hs heed ! orr edo Company,
r the purpose Of p iating the con pninals in
vention, and supporting the eXpensee oi litigation,
and thus deiraud him Of the fruits. They have pei
served, even aflcr the prel.mary injunction very
properly granted by tie i.liicf Judge:
Let degree be cnterNd for conf lainai for per.
petual injunc ction; and Master, uppoin,e to take
ali account acrOi dinsy to the payer Of the bill.
r. G. GklEk, judge
NorE The passage referred to bv Judge Grier in
his former decision, 3 Wallace, p. go adopted as
app icable to this case was as follows
"lt Is usually the case, when any valuable discov
cry is made, or any new machine of great utility Is
invented, that the attention of the public has been
turned to that subject previously, and that many
persons have been making researches and expert
ments Philosophers ana mechanicians may have
III some measure anticipated In their speculaons
.le possibility or probability of such discovery or
invention; many experiments have beei successful
ly tied coming very near. yet falling short O the
desired result. They have produced nothing bene-
deal. The invention whei perfected may truly -
said to be the eliminating point of manv exper'-
men :, not only by the inventor. but by many 9TH
or-. lie may hav. proiited indirectly by the unsur-
ce-sfu experiments and failures of Others, but y
gives them right to cla M share OF the hcnOr oi
the profit OF the successful inventor 1t Is whcn
speculation has been reduced to practice, when eN'
pertinent has resulted in discovery and when tla'
discovery has been perfected by patient and eont.
ued experiments, when some new compound, ar.
manufacture, or machine has been thus productd
which IL useful to the pu bc, that the party aknsn
becomes apublic benefactor and entitledto patent
sand yet when genius and pattnt perseverance,
have at length succeeded, In spite of sntels anu
SCOTS, some valuable invention or discovery, now
seldom is ii followed by reward Envy roos MN
of the honor, whine speculators, swndlen anu p,l
rates rob him of the profits. Every unsuccessni
experimcnter who did or did or did not come 'eL!
near making discovery now claims 1t. Every on'
who can invent an improvement or vary us iori,
claims right to pirate the original dlscoVi!r "1
need not summons Morse, or Blanchard, or Moou'
worth to prove that this s the usual history oi e''
ry great discovery or invention. Att;
",The present case ADDS another chapter 10 tnls
long and uniform history Wallace,l u Nv
ports p. ~