Robert Kearns, inventor of the intermittent windshield wiper used on nearly all the world's cars and trucks, won a patent infringement suit against Chrysler Corp. this week.
Kearns, who earlier won a similar claim against Ford Motor Co., still has suits pending against 18 other automakers.The 64-year-old retired inventor, who now lives in Houston, says automakers, beginning with Ford, stole his invention despite his patents.
The devices, standard or optional equipment on nearly all vehicles, automatically start and stop windshield wipers at intervals. They're used during mist, fog, light rain or other times when higher speeds of wiper action are unneeded.
Chrysler Corp. spokesman Tom Houston said the automaker had no comment on the verdict because another trial will begin Jan. 21 to determine how much Chrysler must pay in damages to Kearns.
The verdict came after the jury of four women and six men deliberated for nine days in U.S. District Judge Avern Cohn's court. Testimony lasted five weeks.
Kearns accepted a $10.2 million settlement from Ford after the federal trial in that case determined the validity of Kearns' patents on the device.
Kearns said that when he was an engineering professor at Wayne State University in Detroit, he installed one of the devices on a 1962 Ford Galaxie and took it to the automaker. He said he was led to believe Ford would buy the device. It didn't.
On Jan. 29, 1990, a jury decided Ford had violated Kearns' patents but had done so unintentionally. About four months later, a mistrial in the damages portion of the case against Ford was declared when the jury couldn't decide how much to award Kearns.
Based on the sale of 20 million Ford, Lincoln and Mercury cars and trucks sold with the devices, the out-of-court settlement was worth about 51 cents a vehicle.
Kearns' daughter, Kathleen, said her father wants time, not money, from the automakers.
Under patent law, Kearns devices were protected for 17 years. He has been fighting the infringement claims for 14 years, his daughter said. During that time, patents have run out, meaning Kearns holds no exclusive rights to the device.
"Money isn't going to do it," said Kathleen Kearns, of Gaithersburg, Md. "He's been offered millions."
As long as 10 years ago, Kearns said he wanted to manufacture and sell his device to the automakers. He still does.
Judy Cassady, a clerk for Cohn, said the judge does not have authority to make up time Kearns spent in court during which his rights on the patent expired.