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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