Dr. Kearns Did Not Win


He lost at the end, considering the verdict and the sum awarded. The jury's verdict said "... in consideration of NON-WILLFUL INFRINGEMENT... " But all along, he wanted Ford Motor Company to admit that the invention was his and they took it without paying him. Now, the word "non-willful" means Ford had got away with not admitting to doing wrong to him, and that they did not purposely steal his invention (which is the most critical point to him of the whole lawsuit.) He himself was not happy with the verdict. According the story "The Flash of Genius" in The New Yorker, he said: “I would have to say I’m disappointed... I just don’t understand it... I just don’t understand why they didn’t hold for willfulness.”

Then on top of that he got awarded only a bit over 10 million dollars, which is chump change when you take into consideration of how many cars on the road have used his wipers. If his family had got a chance to manufacture the wipers themselves according to plan, imagine the profits his family's company could have made through the years and maybe even till today. At the end of the movie, it said 145 million cars today use intermittent wipers... well, let's say even if his family's manufacturing company makes a profit of only $5.00 per car, that would be 725 million dollars (or even with the less number of cars and profit per car... the amount of money his family could have made still much more than his $10 million from Ford and $18 million from Chrysler).

And other important losses were his wife, his relationship with his kids, his family's life, his time, his years of creating new inventions, his peace of mind, etc.

Still a good David vs. Goliath movie with great acting job on the part of Greg Kinnear. Strongly recommended for people who wants to know more about the ugly side of big corporations and their leaders.

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Depends on One's perspective of course (Win vs Losing) but for me he won. For if he'd took 250K earlier, after lawyer fees, what $140K?

He'd went against his (very high) principles and maybe kept his wife and that's a maybe.

In the end, he got most of what he wanted (not total credit but some because of the publicity of case alone) and HE EARNED the support and respect of family (kids especially), including his ex-wife.

Not only that his son certainly became a lawyer because of all this?

Not to sound 20-20, I'm 95% certain I'd turned down that 250K myself, ok make it's 85%:).

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Yes, it does definitely depend on one's perspective. I can see the point of "very high principle" and the disadvantage of taking $250K early on. But, if it's not about the money and rather it's all about the high ground of principle, then the money factor is not an important part of the $250K decision, isn't it? Then, what about all of his lawsuits against many other car manufacturers (Chrysler, GM, Porsche, Ferrari, Honda, Toyota, Nissan, Isuzu, Mercedes, Renault, Volvo, Volkswagen, BMW, Alfa Romero, SAAB, Peugeot, etc. - in fact, all of automobile and auto-parts manufacturers around the world) after Ford? Isn't there a contradiction? - in terms of money vs. high ground principle.

He stated his lawsuits are his life and looks like he had decided that for his sons' and daughters' future. Maybe at first, it's about the principle, but as time goes one... (for over 30 years and still going) it's not all about that high principle anymore, but it's all about the million and million of dollars band-aid over that wounded ego and self-righteousness.

Numerous articles have written about the subject and they painted a very different picture than the movie. About his wife, at least one of his sons and daughters observed that she still loves him very much, even to the end of his life, and they agreed that she would get back to him if only he had let go of the lawsuits. One of his daughters said that she doesn't care about his lawsuits and she doesn't see him as a father but "a guy working in the garage".

All of his children have said one time or another over the years that his obsession with the lawsuits consumed not only him and his life, but also them and their lives. They have expressed many times with the press that these lawsuits are "our lives and that's all we know". All of his children eventually worked for him in these lawsuits into adulthood and held no other job/profession. Imagine of the chances and opportunities had passed them by over the years in doing something else with their life and be in different professions of their own choices instead of their father's - even if he did not ask them or force them into it, but they did feel the obligation and the loyalty to do so, as all of them have stated over the years.

His one son, Dennis, did become a lawyer, but was it his choice profession? Or was it the by-product of his father's lawsuits and his singular-minded-dictatorial-obsessed stubbornness? Think about what Dennis has faintly hinted in one interview: "... growing up in courtrooms, that's what make me a good infringement lawyer today..."

What about all the other possible inventions he could have made in his years fighting with these lawsuits? He and his sons did mention the regrets and the real possibilities of his other inventions in an article of The New Yorker.

He did finally earn the "respect" of his family and business partners (and many others), but at what costs? And, was it "respect"? They definitely were happy for him, but don't mistake admiration for respect. People might admire him for his persistent, but they might not respect him for his methods and choices... and, that is only because he had won. What if he did not win and ended up like that radio inventor (he mentioned in the movie) who got snubbed by RCA?

I always think of life as health and happiness... all others are just secondaries. He ruined his health with depressions, and nervous breakdowns... he ruined his happiness with constant stresses and headaches in dealing with these lawsuits and lost his wife in the process. He may have won (as you have suggested) but at what price? Did his millions and millions dollars settlements bring him health and happiness? If it did, then... indeed, he did win!... otherwise, it depends on one's perspective and... priorities in life.

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I grant you if they'd stuck to the actual story closer, my view on him "Winning" isn't nearly as conclusive.

I'm actually unsure which way I'd lean.

But guessing "Win" because I don't believe most would've beaten a major corporation or stuck it out so long to do so.

But as you clearly stated "At what cost". That Pyrrhic Victory thing comes to mind.

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