The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-08-09
THE
.TOEpEDO GPAHENT SUITS
II - - Mn.
RSberts VS.. Nicholas Geyer.

The rollowint Is the deeision rendered by Jrdre
McKonlian at May Team OF fthe Circuit Court,n ila
abQye case: ~ Va m
IN te circuit Court Of the rinficd States, IN art for
'' the We tern Disric, Pchnsyinna.-E A +.
Roberts VS.. Nicholas Gcycr.7-No Inlay Term
1s73.-Tn Equity n IA al
No,erhbef q. 1s72 ELL fled and subpoena is
s,,eiA ~ $3.50
g,subptna and notice ofapplication for. prelimin
ary INJUNCTION served. E
Dccemiber1s, 1s,2 Motion for prelim:nar in.
junction heard, ard the Court bcing duly advised in
the Premise; the injuuctoh awardeda prayed for,
and decr ileu. ~ rs' sn
January II, 1873. Iniunctiop{ssued and on the
20h dny yof January Indictment served personally
aud By copy
|, May 80, 1873. Rule issued for deiend,nt to show
cause why atiacnnent should not sue for ctn9npt
~ violating; Induction and duly ssryai II f|I ]
VJunc ID. 1873 Rule for attachment in this case,
came TO be beard, and after argument of counsel
pro and con, tho Court being fun advised in the
promises the Rucsis made absolute. and the sen.
tence ofthe Cont ia thattle said defendan, Mich.
oias Gcyer, be impiioscned in the common jail of
llsseony Gountytor and during The term of ten
dsys, and that lie pay the coats Of this proceed
ingy
|. June -u iotSf az OninNtelt lSSucu sfAH IW.f
The irjur ciioh in this case was far Infringement
of the Roberts patent Of No--lcalled the Big Pat
enD, for increasing the productlyeness of oil wes
The act Of infringement. for which the dulcndent
! vas committed for contempt, consisted in aicins
Alexandra llaC:ar In exploding torpedoes in OF
| wells being the act of infringement FOR which
Hnmar was also committed in :he case No. 3, No
vember Term 1866 N bciorcsated. r r
/ The Court McKenran, j., alter delivering his
opinion In the Iianar case, proceeded to sentence
Nic1oa Geyer for contempt, and delivered the fcl
owing oral opinion y ~,
/ lsln'the case of Nicholas Geyer charged with IN
same ofense, am entirely satisfied that there was
fluid present. in the Beals well at least As Ildr.
intimdted to the coUnse! in the course Of Me argit-
ment, The presence of fluid ints ,ceil, wlethsr de.
sited or not is an infringement of Ae patsnt, andu
'rcdch ef the injunction cJ'the Court. ....,...
Mr. Roberts, by his patent uses as one Of the prin
cpal clements of his invention -finid tampng, and
wherever there is fluid sufficient in well, at the
] time Of the exposicnofa torpedo, to operate as
tampng. whether it gets there naturally or ia put
there artifciay, his patent ia infrnged Tins was
clearly the case in regard to the Bcas well.
Bht Mr -Geyer seems to have been misled -by
lihmnr who tod him that he merely wanted to
make an lexnerimelt; and DO nn tink. this be.
ing NE INST time, that he ought TO be very severely
punished .ii.fvs s,fIs.T -. .l. Il. =.
feaso s adJudged guilty of contempt and order
ed TO pay the costs of this preceding and undergo
mn imprisonment in the county jail for ten days--
nope III VIII he the last of III, cases; BECAUSE,
me mater comes to our notice agan, wewill ba
consran,d to impose such punishment as will tend
T. to make the decree Of the Court cfcc'ual. ,..
-.-. ,llAne I--lu