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Jerome H. Lemelson

Jerome "Jerry" Hal Lemelson was an American engineer, inventor, and patent holder. Several of his inventions relate to warehouses, industrial robots, cordless telephones, fax machines, videocassette recorders, camcorders, and the magnetic tape drive. Lemelson's 605 patents made him one of the most prolific inventors in American history.

Biography
Lemelson was born on Staten Island, New York, on July 18, 1923, the oldest of three brothers. His father was a physician of Austrian-Jewish descent. He also ran a business in his basement as a teenager, making and selling gas-powered model airplanes. His experience with teaching African American engineers, in segregated units in the Army, led to a lifelong interest in civil rights and in particular promoting the education of minority engineering students. Parts of these automated warehousing systems he licensed to the Triax Corporation in 1964. He also developed a series of patents on the manufacturing of integrated circuits, which he licensed to Texas Instruments in 1961. This cross-pollination across disparate fields was typical for Lemelson, and can be seen in how he devised ideas and patents for new ways of making semiconductors. While watching and reading about the problems with the heating and subsequent oxidation on heat shields of rockets re-entering the Earth's atmosphere, Lemelson realized that this same process could operate on the molecular level when electrical resistance in a silicon wafer creates an insulative barrier and thus provides for more efficient conduction of electric current. From 1957 on, he worked exclusively as an independent inventor. From this period onwards, Lemelson received an average of one patent a month for more than 40 years, in technological fields related to automated warehouses, industrial robots, cordless telephones, fax machines, videocassette recorders illuminated highway markers, camcorders and a magnetic tape drive. As an independent inventor, Lemelson wrote, sketched, and filed almost all of his patent applications himself, with little help from outside counsel. Lemelson was described as a "workaholic", spending 12 to 14 hours a day writing up his ideas, and often as much as 18 hours a day tinkering. His notebooks holding these ideas numbered in the thousands. Lemelson's younger brother said that when they were roommates in college, after they would go to sleep, the light would go on several times during the night and Lemelson would write something down. In the morning, Lemelson's brother would read and witness the several inventions that Lemelson had conceived that previous night. His brother stated, "This happened every night, seven days a week". Lemelson died in 1997, after a one-year battle with liver cancer. In the final year of his life, he applied for over 40 patents, many of them in the biomedical field related to cancer detection and treatment, including a "Computerized medical diagnostic system" () and several "Medical devices using electrosensitive gels," all issuing posthumously. In 2009, 12 years after his death, , for a "Facial-recognition vehicle security system," was issued in Lemelson's name. Lemelson was a staunch advocate for the rights of independent inventors. He served on a federal advisory committee on patent issues from 1976 to 1979. In this capacity, he advocated for a variety of issues, including protecting the secrecy of patent applications and advocating for the "first to invent" patent system. In his testimony before the Patent Trademark Office Advisory Committee, he decried what he believed as an "innovation crisis", and that the barriers, such as high legal and filing costs as well as failures of the courts to protect the rights of independent inventors, were creating a negative environment for American inventors and US technological ascendancy. ==Patents and litigation==
Patents and litigation
Lemelson was granted more than 600 patents, making him one of the 20th century's most prolific patent grantees. Through much of his later career, Lemelson was involved in a series of patent litigations and subsequent licensing negotiations. As a result, he was both excoriated by his legal opponents and hailed as a hero by many independent inventors. For example, Lemelson claimed he had invented the "flexible track" used in the popular "Hot Wheels" toys manufactured by Mattel. In the 1980s Lemelson sued for willful patent infringement, from which he initially won a substantial judgement in a jury trial. This case was later overturned on appeal. Lemelson litigated extensively on the basis of what he termed his "machine vision" patents, the earliest of which dates from the mid-1950s. These patents described scanning visual data from a camera, which are then stored in a computer. Combining with robotic devices and bar coders, this technology could be used to check, manipulate, or evaluate the products moving down an assembly line. Items or products could then be adjusted or sent on to different parts of a factory for further procedures. to negotiate licenses worth over $1.3 billion from major corporations in a variety of industries. Partially as a result of his filing a succession of continuation applications, a number of his patents (particularly those in the field of industrial machine vision) were delayed, in some cases by several decades. The courts, in the Symbol and Cognex case discussed below, however found that Lemelson had engaged in "culpable neglect" and noted that "Lemelson patents occupied the top thirteen positions for the longest prosecutions from 1914 to 2001." However, they found no convincing evidence of inequitable conduct. Indeed, Lemelson always claimed that he followed all the rules and regulations of the United States Patent Office. In 2004, Lemelson's estate was defeated in a notable court case involving Symbol Technologies and Cognex Corporation, which sought (and received) a ruling that 76 claims under Lemelson's machine vision patents were unenforceable. The plaintiff companies, with the support of dozens of industry supporters, spent millions on this case. The ruling was upheld on September 9, 2005 by a three judge panel of the U.S. Court of Appeals for the Federal Circuit under the doctrine of laches, citing "unreasonably long […] delays in prosecution". Lemelson's estate appealed for a review by the full circuit en banc. On November 16, 2005, the full court declined to review the case, and, citing "prejudice to the public as a whole," extended the original unenforceability ruling to all claims under the patents in question. However, the judge also ruled that Cognex and Symbol did not demonstrate that Lemelson had "intentionally stalled" getting the patents. Lemelson himself always denied intentionally stalling the patent application process, and asserted that he attempted for many years to get companies interested in his ideas, only to be rejected by what he termed the "not invented here" response. Under current US law (35 U.S.C. 122 and 37 C.F.R. 1.211), revised by Congress in 1999, most patent applications are published 18 months after being received and any resulting patents expire 20 years after the filing date, serving to limit surprise or "submarine" patents. Lemelson's applications were submitted under older rules, which kept the application confidential during patent prosecution. ==Honors==
Honors
Lemelson, named Engineer of the Year by readers of Design News in 1995, made many millions in uncontested licenses with a number of the world's most successful companies including IBM and Sony, among others. In 1995, Lemelson received the Golden Plate Award of the American Academy of Achievement. On Thomas Edison's birthday in 1998, the John Templeton Foundation, which recognizes "the incalculable power of the human mind," made a posthumous award. ==Lemelson Foundation==
Lemelson Foundation
The Lemelson Foundation is a private IRC 501(c)(3) philanthropic organization founded in 1993 by Jerome Lemelson and his wife Dorothy. ==See also==
General references
• Hansen, Susan (March 2004). "Breaking the (Bar) Code. The fabled Lemelson patents won't scan anymore. How Jesse Jenner brought down a billion dollar licensing empire." (PDF), IP Law & Business • Heinze, William F. (May 2002). "Dead Patents Walking: Loopholes in the patent process exploited by Jerome Lemelson, one of the most prolific inventors of all time, may be finally closing in on him". IEEE Spectrum. Volume 39, no. 5. pp. 52–54. . • Maloney, Lawrence D. (March 1995). "Lone Wolf of the Sierras", Design News • Petroski, Henry "An Independent Inventor", American Scientist, May 1998 • Riordan, Teresa (April 26, 2004). "Patents; The Lemelson Foundation, named for a prolific inventor, aims to reward inventions that help poor countries develop.", The New York Times • Siegel, Robert P. (Winter 2005). "As Patent Laws Weaken Innovation Suffers", Strategy+Business • Varchaver, Nicholas (May 14, 2001). "The Patent King", Fortune magazine • "Lemelson-MIT winner stripped of prize", VooDoo, Spring 2002, MIT, Vol. 5, no. 1, p. 10 (satirical magazine) ==External links==
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