The fate of inventors and patentees today is far worse than it was for Robert Kearns—the inventor of the intermittent windshield wiper whose story was portrayed in the movie, A Flash of Genius. Mr. Kearns battled automotive infringers for years on end. His wife divorced him. He became estranged from his children. He was placed in a mental hospital. Eventually he prevailed. But Mr. Kearns “only” had to battle infringers. Today, an inventor’s battles to uphold and enforce his patent would include resistance from infringers. The Patent Trial and Appeal Board. District courts. The Federal Circuit. The Supreme Court. State attorneys general. Congress. The executive branch. Even if a resilient patentee recovers damages, the media will cast this “patent troll” as a scourge on society. In Plight of the Patentee, you will read stories about inventors waiting more than a decade for their patent applications to grant. You will meet dozens of inventors who have suffered from flagrant infringement.
