InventorEd Presents:
Jerome H. Lemelson vs Ford Motor Company
The court has ruled that Lemelson is right, and that
Ford is in the wrong! All inventors who have
studied the history of invention know that Ford stands
out as the America's worst abuser of inventors.
Henry Ford himself said that he should not have to pay
for patents, it is clear that he instilled his ethical
standards in his successors.
The delay windshield wiper case with Bob Kearns was
started by Ford. ABC Prime Time recently revealed
that Ford is being accused of truly despicable actions
related to it's lending operations. And the
inventor community has recognized that they can not
expect any better treatment from Ford than they gave the
customers of the Pinto, Ie, free cremations.
Ronald J. Riley
Decision in Lemelson v. Ford!
A while ago, someone asked me to advise the group if the
district judge
issued an opinion concerning the Magistrate's decision on
"laches" in the
Ford v. Lemelson case.
An order entered and served 4/30/97 reads:
"Judgment is
hereby granted in favor of Lemelson and against Ford on
Ford's defense of uneforceability of the asserted patent
claims due to
laches."
Judge George held that there is no equitable defense of
laches and that a patent holder may present a claim late
in prosecution.
The court also held that
forcing Lemelson to explain why the delay was not
unreasonable unduly shifted the presumption of patent
validity.
For those skeptics who have taken the Magistrate's
now-reversed ruling as
an indication of my lack of credibility, I repeat the
explanation of why
Mr. Lemelson's claims issued after such long delay:
(1) A RECALCITRANT EXAMINER FORCED
LEMELSON TO FILE SUCCESSIVE APPEALS, AFTER WHICH HIS
POSITION WAS FULLY VINDICATED.
--AND--
(2) THERE WAS A REJECTION BASED ON
LEMELSON FILING TOO MANY CLAIMS, AND AFTER THAT WAS
REVERSED, THERE WAS A 7-WAY RESTRICTION REQUIREMENT THAT
DIVIDED THE APPLICATION UP INTO MULTIPLE PARTS.
Neither of these was the inventor's fault, desire, or
intent.
--Louis J. Hoffman
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