Robert Kearns
Encyclopedia
Robert William Kearns was the inventor
of the intermittent windshield wiper
systems used on most automobile
s 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 grew up near the large Ford plant in River Rouge, Michigan
, a city south of Detroit
. His father worked for the Great Lakes Steel Corporation.
He excelled in cross-country running during high school, was a talented violinist, and became a teenage intelligence officer when he served in the armed services. Kearns was a member of the Office of Strategic Services
, the forerunner of the U.S. CIA, during World War II
.
He earned engineering
degrees from the University of Detroit Mercy
and Wayne State University
and a doctorate from Case Western Reserve University
.
through a light rain, and the constant movement of the wiper blades irritated his already troubled vision. He modeled his mechanism on the human eye, which blinks every few seconds, rather than continuously. Kearns later downplayed his courtroom story of the inspiration and played up a more conscious, deliberate inventive process.
in 1978 and Chrysler Corporation
in 1982 for patent infringement. The Ford case went to trial in 1990. Ford lost, though 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.
Chrysler was represented by Harness Dickey and Pierce, one of the first firms Kearns went to when he contemplated suing Ford in the late 1970s. Indeed, according to his son Dennis Kearns, Kearns wanted Harness Dickey removed for conflict of interest, but was unable to convince his attorneys to make a motion to remove Harness Dickey. He then decided to manage the Chrysler litigation on his own with his family. However, this strategy did not seem to work out well in subsequent litigation against GM, Mercedes, and Japanese companies as he missed deadlines for filing papers and his cases were dismissed.
". Ford claimed that the patent was invalid because Kearns' intermittent windshield wiper system had no new components. 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. See, e.g., Reiner v. I. Leon Co., 285 F.2d 501, 503 (2d Cir. 1960) (“It is idle to say that combinations of old elements cannot be inventions; substantially every invention is for such a ‘combination’: that is to say, it consists of former elements in a new assemblage.”) (Hand., J.) (cited with approval in KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007)).
Memorial Fund.
in Baltimore
, Maryland
. The story of his invention and the lawsuit against Ford forms the basis of the 2008 film, Flash of Genius
. Kearns and his wife Phyllis were divorced. According to the movie, Phyllis left Robert due to the stress of the court case. They had two daughters, four sons, and, at the time of his death, seven grandchildren.
Independent inventor
An independent inventor is an inventor who creates inventions by himself. They often earn their income from selling or licensing the patents they get on their inventions.Independent inventors are distinguished from inventors who work for corporations...
of the intermittent windshield wiper
Windscreen wiper
A windscreen wiper or windshield wiper is a device used to remove rain and debris from a windscreen or windshield. Almost all motor vehicles, including trains, aircraft and watercraft, are equipped with such wipers, which are usually a legal requirement.A wiper generally consists of an arm,...
systems used on most automobile
Automobile
An automobile, autocar, motor car or car is a wheeled motor vehicle used for transporting passengers, which also carries its own engine or motor...
s 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
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
cases against Ford Motor Company
Ford Motor Company
Ford Motor Company is an American multinational automaker based in Dearborn, Michigan, a suburb of Detroit. The automaker was founded by Henry Ford and incorporated on June 16, 1903. In addition to the Ford and Lincoln brands, Ford also owns a small stake in Mazda in Japan and Aston Martin in the UK...
(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
Big Three automobile manufacturers
The Big Three, when used in relation to the automotive industry, most generally refers to the three major American automotive companies:Ford, General Motors, and Chrysler...
" auto makers in licensing the technology. They all rejected his proposal, yet began to install intermittent wipers in their cars, beginning in 1969.
Early career
Kearns was born in Gary, IndianaGary, Indiana
Gary is a city in Lake County, Indiana, United States. The city is in the southeastern portion of the Chicago metropolitan area and is 25 miles from downtown Chicago. The population is 80,294 at the 2010 census, making it the seventh-largest city in the state. It borders Lake Michigan and is known...
. He grew up near the large Ford plant in River Rouge, Michigan
River Rouge, Michigan
As of the census of 2000, there were 9,917 people, 3,640 households, and 2,504 families residing in the city. The population density was 3,713.9 per square mile . There were 4,080 housing units at an average density of 1,528.0 per square mile...
, a city south of Detroit
Detroit, Michigan
Detroit is the major city among the primary cultural, financial, and transportation centers in the Metro Detroit area, a region of 5.2 million people. As the seat of Wayne County, the city of Detroit is the largest city in the U.S. state of Michigan and serves as a major port on the Detroit River...
. His father worked for the Great Lakes Steel Corporation.
He excelled in cross-country running during high school, was a talented violinist, and became a teenage intelligence officer when he served in the armed services. Kearns was a member of the Office of Strategic Services
Office of Strategic Services
The Office of Strategic Services was a United States intelligence agency formed during World War II. It was the wartime intelligence agency, and it was a predecessor of the Central Intelligence Agency...
, the forerunner of the U.S. CIA, during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
He earned engineering
Engineering
Engineering is the discipline, art, skill and profession of acquiring and applying scientific, mathematical, economic, social, and practical knowledge, in order to design and build structures, machines, devices, systems, materials and processes that safely realize improvements to the lives of...
degrees from the University of Detroit Mercy
University of Detroit Mercy
University of Detroit Mercy is a private, Roman Catholic co-educational university in Detroit, Michigan, United States, affiliated with the Society of Jesus and the Sisters of Mercy. Antoine M. Garibaldi is the president. With origins dating from 1877, it is the largest Roman Catholic university...
and Wayne State University
Wayne State University
Wayne State University is a public research university located in Detroit, Michigan, United States, in the city's Midtown Cultural Center Historic District. Founded in 1868, WSU consists of 13 schools and colleges offering more than 400 major subject areas to over 32,000 graduate and...
and a doctorate from Case Western Reserve University
Case Western Reserve University
Case Western Reserve University is a private research university located in Cleveland, Ohio, USA...
.
Intermittent wipers
It is reported that the inspiration for his invention stems from an incident on Kearns' wedding night in 1953, when an errant champagne cork shot into his left eye, which left him legally blind in his left eye. Nearly a decade later in 1963 Kearns was driving his Ford GalaxieFord Galaxie
The Ford Galaxie was a full-size car built in the United States by the Ford Motor Company for model years 1959 through 1974. The name was used for the top models in Ford’s full-size range from 1959 until 1961, in a marketing attempt to appeal to the excitement surrounding the Space Race...
through a light rain, and the constant movement of the wiper blades irritated his already troubled vision. He modeled his mechanism on the human eye, which blinks every few seconds, rather than continuously. Kearns later downplayed his courtroom story of the inspiration and played up a more conscious, deliberate inventive process.
Legal case
He sued Ford Motor CompanyFord Motor Company
Ford Motor Company is an American multinational automaker based in Dearborn, Michigan, a suburb of Detroit. The automaker was founded by Henry Ford and incorporated on June 16, 1903. In addition to the Ford and Lincoln brands, Ford also owns a small stake in Mazda in Japan and Aston Martin in the UK...
in 1978 and Chrysler Corporation
Chrysler
Chrysler Group LLC is a multinational automaker headquartered in Auburn Hills, Michigan, USA. Chrysler was first organized as the Chrysler Corporation in 1925....
in 1982 for patent infringement. The Ford case went to trial in 1990. Ford lost, though 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
Pro se legal representation in the United States
Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase...
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
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
let the judgment stand. The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
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.
Chrysler was represented by Harness Dickey and Pierce, one of the first firms Kearns went to when he contemplated suing Ford in the late 1970s. Indeed, according to his son Dennis Kearns, Kearns wanted Harness Dickey removed for conflict of interest, but was unable to convince his attorneys to make a motion to remove Harness Dickey. He then decided to manage the Chrysler litigation on his own with his family. However, this strategy did not seem to work out well in subsequent litigation against GM, Mercedes, and Japanese companies as he missed deadlines for filing papers and his cases were dismissed.
Auto industry's legal argument
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-obviousInventive step and non-obviousness
The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented....
". Ford claimed that the patent was invalid because Kearns' intermittent windshield wiper system had no new components. 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. See, e.g., Reiner v. I. Leon Co., 285 F.2d 501, 503 (2d Cir. 1960) (“It is idle to say that combinations of old elements cannot be inventions; substantially every invention is for such a ‘combination’: that is to say, it consists of former elements in a new assemblage.”) (Hand., J.) (cited with approval in KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007)).
Late career
In the late 1990s, he served on the board of directors of the Veterans of the Office of Strategic Services and the General William J. DonovanWilliam Joseph Donovan
William Joseph Donovan was a United States soldier, lawyer and intelligence officer, best remembered as the wartime head of the Office of Strategic Services...
Memorial Fund.
Death
On February 9, 2005, Kearns died of brain cancer complicated by Alzheimer's diseaseAlzheimer's disease
Alzheimer's disease also known in medical literature as Alzheimer disease is the most common form of dementia. There is no cure for the disease, which worsens as it progresses, and eventually leads to death...
in Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. The story of his invention and the lawsuit against Ford forms the basis of the 2008 film, Flash of Genius
Flash of Genius (film)
Flash of Genius is a 2008 American biographical film directed by Marc Abraham. The screenplay by Philip Railsback, based on a 1993 New Yorker article by John Seabrook, focuses on Robert Kearns and his legal battle against the Ford Motor Company when they developed an intermittent windshield wiper...
. Kearns and his wife Phyllis were divorced. According to the movie, Phyllis left Robert due to the stress of the court case. They had two daughters, four sons, and, at the time of his death, seven grandchildren.
Patents
- United States Patent 3,351,836, Robert W. Kearns, Filing date: Dec 1, 1964, Issue date: Nov 1967, Windshield Wiper System with Intermittent Operation
- United States Patent 3,602,790, Robert W. Kearns, Filing date: October 18, 1967, Issue date: August 31, 1971. . Intermittent Windshield Wiper System.
- United States Patent 4,544,870, Robert W. Kearns, Timothy B. Kearns, Filing date: Sep 7, 1982, Issue date: Oct 1, 1985, Intermittent windshield wiper control system with improved motor speed
Lawsuits and legal references
- Kearns v. Ford Motor Co., 203, U.S.P.Q. 884, 888 (E.D.Mich. 1978)
- Kearns v. Chrysler Corp., 32 F.3d 1541 (Fed. Cir. 1994)
- Kearns v. General Motors Corp., 152 F.3d 945 (Fed. Cir. 1998) (unpublished decision).
- (More lawsuits of Dr. Kearns)
Further reading
- Andrews, Edmund L., "Patents : Are Disputes Too Complex For Juries?", The New York Times, May 12, 1990. About Dr. Kearns' case.
- Schudel, Matt, "Accomplished, Frustrated Inventor Dies", Washington Post, Saturday, February 26, 2005; Page B01. Dr. Kearns' Obituary.