Robert Kearns

Robert William Kearns (March 10, 1927 – February 9, 2005) was an American mechanical engineer, educator and inventor who invented the most common intermittent windshield wiper systems used on most automobiles from 1969 to the present.

Kearns claimed that the inspiration for his invention stems from an incident on his wedding night in 1953, when an errant champagne cork shot into his left eye, leaving him legally blind in that eye.

Nearly a decade later in 1963, Kearns was driving his Ford Galaxie 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, presenting the idea to Ford.

Ford representatives liked the idea wanting to rush it into at least one of their next model year's vehicles but later abandoned plans after Kearns had begun setting up manufacturing facilities for the invention.

His first patent for the invention was filed on December 1, 1964, after a few previous designs by other inventors had failed to gain any traction in manufacturing.

Each rejected his proposal, yet began to install electronic intermittent wipers based on Kearns's design in their cars, beginning in 1969, when Ford rolled out the feature to its Mercury line.

When Ford introduced the feature in 1969, Kearns challenged the automaker, refusing offers of a settlement insisting that the case be heard in court, acting as his own lawyer.

He began official legal proceedings some 9 years later.

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 and Pierce removed for conflict of interest, but was unable to convince his attorneys to make a motion to remove Harness, Dickey and Pierce.

He then decided to manage the Chrysler litigation on his own with his family.

Kearns filed lawsuits against manufacturers (and some dealers) of Ford, Porsche, Volkswagen, Ferrari, Volvo, Alfa Romeo, Lotus, Isuzu, Mitsubishi, Nissan, Peugeot, Renault, Rolls-Royce Motors, Saab, Toyota, General Motors, Mercedes-Benz as well as parts manufacturers such as United Technologies, and Bosch.

Through decades of litigation, Kearns was dropped by three law firms and continued to serve as his own attorney.

Several cases were dismissed after Kearns missed deadlines in other filing papers.

His wife said, "He told me from day one, 'This is not about money,' no lawyer believed it."

The legal argument that the auto industry posed in defense was that an invention is supposed to meet certain standards of originality and novelty ("flash of genius").

One of these is that it be "non-obvious".

Ford claimed that the patent was invalid because Kearns's intermittent windshield wiper system had no new components (it used all "off-the-shelf" parts).

Kearns noted that his invention was a novel and non-obvious combination of parts.

Kearns's position found unequivocal support in precedent from the U.S. Court of Appeals and from the Supreme Court of the United States:

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 (General Motors, Ford, and Chrysler) in licensing the technology.

The lawsuit against the Ford Motor Company was opened in 1978 and ended in 1990.

Kearns sought $395 million in damages.

Kearns mostly acted as his own attorney in the subsequent suit against Chrysler, which began in 1982, even questioning witnesses on the stand.

He turned down a $30 million settlement offer in 1990 and took it to the jury, which awarded him $5.2 million; Ford agreed to pay $10.2 million rather than face another round of litigation.

The Chrysler verdict was decided in Kearns's favor in 1992.

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.

Kearns's legal battle against Ford to protect his invention and patent was the subject of a 1993 article in The New Yorker magazine, which became the basis for a full-length biographical feature film titled Flash of Genius in 2008.

Kearns was played by actor Greg Kinnear.

Kearns had six children with his wife Phyllis, although they separated, supposedly as a result of the stress from the legal battle.

He died of brain cancer at the age of 77.

Kearns served in the US Army in intelligence related groups and tool manufacturing.

He was a member of the Office of Strategic Services, the forerunner of the U.S. CIA, during World War II.

He earned a bachelor's degree in mechanical engineering from the University of Detroit Mercy, a master's degree in engineering mechanics from Wayne State University, and a doctorate from Case Institute of Technology.

By 1995, after spending over US$10 million in legal fees, Kearns received approximately US$30 million in compensation for Chrysler's patent infringement.

"'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))"