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 Interviews: InventorView with Frank Weyer

InventorViews

I got the chance a few days ago to do an InventorView with Frank Weyer, the inventor of the Multi-Colored Illumination Panel, more commonly known as part of the "My Color" option in the 2005 Ford Mustang.

What follows is the text of that InventorView:

The Lone Inventor: You filed your patent application for "Method and Apparatus for Providing User Selectable Multi-Color Automobile Instrument Panel Illumination." in November of 1997, which was later issued in November of 1999 as Patent No. No. 5,975,728, correct?
Frank Weyer: Correct.

The Lone Inventor: Did you file the patent application yourself, or did you use a patent attorney?
Frank Weyer: I did it myself, but I am a patent attorney (one of the reasons I went to law school is so that I could do my own patent work).

The Lone Inventor: Did the choice you made about filing the patent come into play as you were negotiating with the Ford Motor Company?
Frank Weyer: No, but again, because I am a patent attorney, its sort of a special case.



The Lone Inventor: In December of 1999 you sent a copy of the patent to Ford, and heard no response back. Had you expected them to jump at the chance to license this patent from you?
Frank Weyer: My experience has been that most companies do not respond to unsolicited submissions of patents/inventions. I didn't really expect any real interest from them (or the five other automobile manufacturers I sent the patent to), although I thought I would at least get some response. But I received no response from any of them.

The Lone Inventor: When did you first become aware of Ford's "My Color" option being implemented in the 2005 Mustangs?
Frank Weyer: It was sometime last summer (summer 2004), when I read an article in one of the Mustang magazines.

The Lone Inventor: What was your first "gut reaction" when you first beheld your patented technology being used in the new Mustangs without your permission?
Frank Weyer: Wow, it looks like they're infringing my patent. I'll have to look into this.

The Lone Inventor: What was your first move in contacting Ford about their infringement on your patent?
Frank Weyer: First thing I did was file a complaint for patent infringement in U.S. District Court. Then I sent them a copy of the complaint, including the patent.

The Lone Inventor: What was their response, or the nature of it?
Frank Weyer: Typical response: We think your patent is invalid, here is a bunch of prior art.

The Lone Inventor: When you filed your lawsuit, were you confident that the court would find in your favor, or that Ford would eventually work with you?
Frank Weyer: Yes. I felt I had a strong case.

The Lone Inventor: Five months between the filing of the lawsuit and your settlement with Ford seems pretty fast, considering the attitude that many corporations take toward independent inventor's and intellectual property holders. Is that because of what you mention in the press release "In both my representation of myself and in my representation of other inventors, I have dealt with large companies who believe might makes right and who believe that they can simply ignore the intellectual property rights of small companies and individuals. I was pleasantly surprised to find out that Ford has a corporate policy of respecting third party's valid patent and other intellectual property rights." ?
Frank Weyer: I don't know what motivated Ford, but they were upfront in that they wanted to reach a negotiated settlement.

The Lone Inventor: In that case, do you think Ford knowingly infringed on your patent, or was it a situation where the left hand wasn't aware of the right hand's actions?
Frank Weyer: I don't know. That would have come out in discovery if the case had continued.

The Lone Inventor: Your press release mentions that you are willing to grant licenses to other automotive manufacturers, meaning you licensed it "non-exclusively" to Ford correct?
Frank Weyer: Correct.

The Lone Inventor: Did you contact any other automotive companies with your patent when you contacted Ford?
Frank Weyer: Yes, the others were, I believe, GM, Chrysler, Mercedes, VW and BMW.

The Lone Inventor: Do you plan on contacting more now, or waiting for the inevitable "knock at the door" from the rest of them?
Frank Weyer: I'm still formulating a strategy.

The Lone Inventor: What are the advantage for the inventor of selling a non-exclusive license?
Frank Weyer: Often its easier to get a lot of small chunks of money than one big chunk.

The Lone Inventor: Would you recommend using non-exclusive licenses for most inventions, or does that truly depend on the nature, or the market value of the invention?
Frank Weyer: I think its an option that should always be considered, but it will depend on the particulars of each situation, particularly if the inventor has any interest in using the invention.

The Lone Inventor: Your press release says that you actually had Mustang buyers worried that your infringement case would delay the delivery of their 2005 Mustangs, some even asking for single use licenses on your patent so that their cars could be delivered. What goes through your mind as this is happening? I mean, did you consider granting them one time licenses?
Frank Weyer: I felt bad for the customers, and did in fact offer to grant an individual license.

The Lone Inventor: You are a classic 1969 Mustang owner as well, did that allow you to sympathize somewhat with the plight of these future Mustang owners?
Frank Weyer: It did.

The Lone Inventor: On a side note, isn't that 2005 Mustang the sweetest looking Mustang that Ford has put out in a while?
Frank Weyer: Definitely!!

The Lone Inventor: Your press release mentions that you have represented other inventors before in infringement cases with "less cooperative" parties. What kind of a percentage of the time would you say, on the average, does the inventor actually end up profiting after a large corporation has infringed on their intellectual property?
Frank Weyer: I'm not in a position to comment on that in general. At the law firm where I work, we have had pretty good success enforcing both patent and trade secret rights of individual inventors. But again it will depend on how strong a patent is and how clearly it is infringed, because when going up against a big company, they will do everything they can to find prior art and other problems that will render a patent invalid.

The Lone Inventor: Do you currently offer your legal services to other inventor's in need of representation?
Frank Weyer: I have occasionally helped out friends, but otherwise I work through The Hecker Law Group in providing legal services.

The Lone Inventor: Are there some good ways an inventor can avoid being infringed on by these large companies?
Frank Weyer: Other than filing suit to enforce a patent, not really.

The Lone Inventor: When developing your invention did you prototype it yourself, or constructively reduce it to practice by filing the patent application?
Frank Weyer: No comment.

The Lone Inventor: Did you ever contemplate using an "Invention Development Firm" for this invention, or would you like to comment of them?
Frank Weyer: Early on, before I went to law school, I had an idea for an invention and contacted one of those firms. It was not a good experience. There may be some that actually provide useful services and do not overcharge, but I don't know of any.

The Lone Inventor: Have you filed any foreign patents on this method and apparatus?
Frank Weyer: No. Foreign filing, let alone enforcement, is way too expensive for an individual. Luckily the U.S. market is the world's biggest, so a U.S. Patent is a pretty good deal.

The Lone Inventor: When did you first conceive the idea of multi colored instrument panels?
Frank Weyer: While I was a graduate student at MIT in 95/96.

The Lone Inventor: Were you certain it would be a hit with the automobile companies and motorists?
Frank Weyer: Well, it was something I wanted and thought others would too.

The Lone Inventor: What kind of advice could you give to "would-be" inventors just starting out?
Frank Weyer: Realize that profiting from an invention is a long term proposition that takes commitment and a lot of work.

The Lone Inventor: Is there anything specifically you would like to steer these inventors away from?
Frank Weyer: A lot of inventors believe that if they can patent their idea, the money will role in. That just isn't true. Unless you are really lucky, a patent is just step one. The most successful inventors are those that produce and market their own inventions.

The Lone Inventor: What one thing above all is necessary to become a successful inventor?
Frank Weyer: Perserverance and commitment.

The Lone Inventor: Is this your first invention?
Frank Weyer: No. I think I have about ten patents, at last count.

The Lone Inventor: Can we expect to see any more of your inventions hitting the market soon?
Frank Weyer: I hope so!

The Lone Inventor: Will you ever, or have you already gone "full time" inventor?
Frank Weyer: I don't think its possible to be a full time "inventor." What is possible is being a full time entrepreneur creating, producing and selling products based on inventions.

The Lone Inventor: Is there something I haven't touched on, that you would like to tell other inventors or make them aware of?
Frank Weyer: Have a long-term plan for creating, producing, and selling the invention.

The Lone Inventor: Is there anything you would like to "plug" here. services etc.?
Frank Weyer: Google rocks!

The Lone Inventor: Does being the proud owner of a very valuable patent tend to leave a perpetual grin on your face?
Frank Weyer: I'm not sure where my perpetual grin comes from.

The Lone Inventor: What are your plans for the future?
Frank Weyer: I'm hoping to maybe take a week-long vacation sometime this year :).

Thanks very much for your valuable time Mr. Weyer, I and all other independent inventors who are able to read and learn from your story certainly appreciate it.

Frank Weyer can be located at techcoastlaw.com




 
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