Week 10: Robert Kearns

Robert William Kearns (March 10, 1927 – February 9, 2005) was the inventor of the intermittent windshield wiper systems used on most automobiles from 1969 to the present. His first patent for the invention was filed on December 1, 1964. Kearns won one of the best known patent infringement cases against Ford Motor Company (1978–1990) and a case against Chrysler Corporation (1982–1992). Having invented and patented the intermittent windshield wiper mechanism, which was useful in light rain or mist, he tried to interest the "Big Three" auto makers in licensing the technology. They all rejected his proposal, yet began to install intermittent wipers in their cars, beginning in 1969.He sued Ford Motor Company in 1978 and Chrysler Corporation in 1982 for patent infringement. The Ford case went to trial in 1990. Ford lost, although the court held that Ford's infringement was not willful (meaning that damages for infringement would not be enhanced). Ford agreed to settle with Kearns for US$ 10.1 million with an agreement of no further appeals. He sued Ford Motor Company in 1978 and Chrysler Corporation in 1982 for patent infringement. The Ford case went to trial in 1990. Ford lost, although the court held that Ford's infringement was not willful (meaning that damages for infringement would not be enhanced). Ford agreed to settle with Kearns for US$ 10.1 million with an agreement of no further appeals. After the settlement with Ford, Kearns mostly acted as his own attorney in the subsequent suit against Chrysler, even questioning witnesses on the stand. The Chrysler verdict was decided in 1992, and was a victory for Kearns. Chrysler was ordered to pay Kearns US$ 18.7 million with interest. Chrysler appealed the court decision, but the Federal Circuit let the judgment stand. The Supreme Court declined to hear the case. By 1995, after spending over US$ 10 million in legal fees, Kearns received approximately US$ 30 million in compensation for Chrysler's patent infringement. The legal argument that the auto industry posed in defense was that an invention is supposed to meet certain standards of originality and novelty. One of these is that it be "non-obvious." Ford had claimed that the patent was invalid because Kearns' intermittent windshield wiper system had no new components. Dr. Kearns noted that his invention was a novel and non-obvious combination of parts. Kearns' position found unequivocal support in precedent from the U.S. Court of Appeals and from the Supreme Court of the United States.