Patent Problems and Intellectual Property: “The Indigestion of Success”

Aside from love, one of the great emotions humans can experience is the thrill of discovery and achievement – being the first to reveal more of nature’s immutable laws governing the cosmos or doing something no one else has been able to do. Patent Warning_1 Some aspects of life inevitably go together – a coupling of cause-and-effect, if you will. Sometimes, we simply cannot have one thing without another. The claim that “there is a price to be paid for everything” seems a truism which ably illustrates that contention of coupled cause-and-effect. In that vein, man’s finest intellectual achievements or physical accomplishments materialize only after significant vested effort is expended. Our personal life experiences leave no doubt that hard work is a necessary, though not sufficient, prerequisite for great success…in any venue. We understand that. Not so obvious is the other price often associated with intellectual achievement and intellectual property, a price which is extracted after the fact – the tedious, ongoing, and costly effort required to establish and maintain the legal rights to the intellectual property behind any significant achievement.

I call this second price to be paid for success “the indigestion of success” which is often so severe as to result literally in ulcers if not merely pervasive, never-ending discontent.

The “indigestion of success” begins with proving one’s priority of invention while establishing patent rights, and it continues seemingly forever while vigilantly protecting those rights against usurpers. The motivation to defend one’s intellectual property is typically financial, but, understandably, the battle becomes distinctly a matter of personal principle as we will see…and the consequences can be tragic. It is difficult to overstate the high price – both financially and emotionally – of defending intellectual property and priority, yet this surcharge on success is inevitably demanded of inventors, engineers, scientists, and entrepreneurs. The list of such examples is varied and fascinating, stretching far back in recorded history. Gaileo Galilei, Isaac Newton, and Michael Faraday, three of the greatest physicists of all time were each affected by priority controversies during their careers – especially Newton, as we shall see. In the realms of engineering and business, Thomas Edison, Howard Armstrong (radio’s greatest inventor/engineer), Robert Noyce (of integrated circuit fame), and Steve Jobs of Apple Computer were all enveloped by priority controversies and patent battles. Even the Wright brothers, the well-documented founders of modern aviation paid a stiff price defending their marvelous invention, the controllable “flying machine.”

The Wright Brothers: Hard Work, Triumph, then Disillusionment

Wright Glider 1902_1 I just finished reading David McCullough’s new book, The Wright Brothers, which relates the incredible story of the two brothers from Dayton, Ohio – bicycle mechanics/salesmen who created the first true “flying machine”…in their spare time! McCullough is a consummate teller of true stories, but the story of these two men tests the line separating fact from fiction because their stunning success seemed so improbable. The truth is, the Wright Brothers “invented” and successfully flew the first full-sized, self-powered, controllable airplane – a staggering accomplishment for two young men with no formal technical credentials. Their ultimate success was rooted in a fascination at the prospect of manned flight coupled with a single-minded, driven determination to do whatever it takes to accomplish their dream of flying. The two brothers constitute the very best examples of self-made men… engineers and flyers, in their case. Their accomplishments are so thoroughly documented as to seem unassailable and safe from thieves who would steal in the courts of patent law, yet it was not quite that simple. It never is. Author McCullough paints a clear picture on his pages of just how technically challenging their task actually was. What also emerges is the sad turn of events their triumph became once the airplane was designed, tested, documented, and patented. Wilbur Wright, the brilliant engineering mind for whom no technical challenge seemed too large, died early in 1912 at the young age of forty-five years. The official cause of death was typhoid fever, but it seems Wilbur’s spirit was dying for quite some time before his body expired. In May of 1910, the brothers, who did all their own flying from the project’s onset in 1900, went up together in their Wright Flyer for the very first time – some seven years after Orville’s first flight at Kitty Hawk. Their disciplined methodology throughout the project dictated that, should there be an accident, at least one of them should survive to carry on the work. Their flight together that day seemed their tacit acknowledgement that they had completed their life’s dream; all that remained was to form and grow a profitable company which would carry on their work and insure a comfortable livelihood for the brothers and their immediate relatives.

WilburWright7[1]By 1912, two years had passed since Wilbur Wright had last done what he truly loved to do: Piloting the Wright Flyer while perfecting its design. His weeks and months the past two years were spent on business trips to New York and Washington and in courtrooms defending the patent portfolio he and Orville had assembled as the backbone of their new Wright Company… for the manufacture of airplanes. In author McCullough’s account, Orville took note of Wilbur’s restless discontent with the tedium and exasperations of establishing their company, noting that after a day spent in offices dealing with business and patent matters, Wilbur would “come home white.”

Wilbur, himself, wrote of the patent entanglements: “When we think of what we might have accomplished if we had been able to devote this time to experiments, we feel very sad, but it is always easier to deal with things than with men, and no one can direct his life entirely as he would choose.”

Within several years of Wilbur’s death, Orville Wright had sold the Wright Company to others, preferring a peaceful, retiring life to one spent constantly battling corporate demons and those who would usurp the brothers’ past and future accomplishments. His mission for the remainder of his long life: To represent his brother while defending the less materialistic aspects of the Wright brothers’ legacy. I believe I would have done precisely the same, were I in his shoes. Other notable, historical figures in similar circumstances made sadly different decisions when faced with the indigestion of success and the never-ending need to protect intellectual property. The two examples that follow vividly illustrate just how bad these matters of priority and intellectual property can become, especially for the most-principled of participants.

Edwin Howard Armstrong: Radio’s Greatest Inventor/Engineer and Tragic Victim of His Own Success and the Patent System

For radio and electrical engineers who know the history, Edwin Howard Armstrong is the tragic hero of early “wireless” and a victim of the radio empire which he helped to create. Howard Armstrong was the quintessential radio engineer’s engineer – bright, motivated, creative…and stubbornly persistent. He exuded personal integrity. The very qualities which made him the greatest inventor/engineer in the history of radio, led to his downfall and suicide in 1954. Howard Armstrong surfaced in 1912 as a senior electrical engineering major at Columbia University with an obsessive interest in the infant science of “wireless” radio. He was a fine student with a probing, independent mind that suffered no fools. In 1912, while living at home in nearby Yonkers, New York, and commuting daily to Columbia on an Indian-brand motorcycle, he invented a way to greatly increase signal amplification using a single De Forest Audion vacuum tube by feeding part of the tube’s marginally amplified output back to the input of the device where it was amplified over and over again. This technique is now known in the trade as “regeneration,” or positive feedback. Along the way, young Armstrong had made great strides in understanding the technology behind Lee De Forest’s recent invention of the Audion tube, insights far beyond those De Forest himself had offered. While tinkering with the idea of signal regeneration in his bedroom laboratory early on the morning of September 22, 1912, he achieved much greater signal amplification from the Audion than was possible without using regeneration. The entire household was abruptly awakened by young Armstrong’s unrestrained excitement over his discovery, and an important discovery it was for the infant science of “wireless radio.” Regeneration was patented by Armstrong in 1913/14 and was used, under license from him, in countless radios during the early years when radio sets with more than one tube were very expensive to produce, due to the high cost of tubes.

Armstrong Patent_2Armstrong’s 1914 patent on the regenerative receiving circuit – one of the foundations of early wireless radio and a gateway to efficient tube-based radio transmitters, as well. Armstrong_Regen_1 Armstrong’s historic, handwritten chronological account of inventing the regenerative circuit – page one of six; likely written around 1920 to serve as evidence in the litigation with De Forest over Armstrong’s regeneration patent. Note the Sept. 22, 1912 date of his triumph (near the bottom).

In 1914, Lee De Forest stepped forward to challenge Armstrong in court over Armstrong’s patent, claiming that he, De Forest, was the legitimate inventor of regeneration. The litigation in the court system over regeneration went back and forth, lasting twenty years and finally ending up in the United States Supreme Court. Shockingly, De Forest was handed the final decision by the court, but the substantial body of radio engineers across the nation in 1934, who were well aware of the “radio art” and its history, were not buying De Forest’s claim. They fully supported Armstrong as the legitimate inventor – the same view held today. The twenty-year patent litigation battle over regeneration was the longest in U.S. patent court history. Unfortunately, that was only the beginning of Armstrong’s troubles with the patent courts and those who would take advantage of his work.

The Tragedy of Edwin Howard Armstrong

Howard Armstrong was one of the last, great, lone-inventor/engineers. He was long affiliated with his alma-mater, Columbia University, and had extensive business/patent dealings with giant corporations, such as RCA and Philco, which drew their life-blood from his inventions and the industry which he helped to create. By licensing his many important patents to these corporations, Armstrong became a very wealthy man. At one time, he was the largest stockholder in the giant RCA Corporation. Despite such wide-spread affiliations, he was, by temperament, an independent thinker in the lone-inventor mold. As radio entered the late nineteen thirties, men-of-action like Armstrong were becoming obsolete, increasingly overrun by corporate bureaucracies and their in-house armies of engineers. Radio was now out of the hands of the lone-inventor, becoming the exclusive domain of the moneyed corporations with influence at the FCC (Federal Communications Commission) in Washington. Armstrong increasingly found himself defending his legitimate patent rights against large corporations which were treading on those rights, battling their great financial resources and their legions of corporate lawyers. As he continued to lose rightful patent royalties to corporate violations of his patents, he stubbornly fought back fueled by his personal principles of fair play, all the while dissipating his once-great financial security to fund the necessary lawyer’s fees. Armstrong was a man of principled integrity; he could have capitulated, retreated, retired comfortably, and lived out his life, but he chose to fight.

Armstrong's Suicide    004Ultimately, those ceaseless legal battles wore him down, bankrupted him, and destroyed his long marriage. On May 5, 1954, he stepped from his New York apartment window to his death thirteen stories below. In an ironic sense, he fell victim to the industry and the changing times he helped to create. He also was victimized by the very qualities which made him great: Intellectual independence, principled integrity, and the stubborn will to persevere. There are many lessons to be learned from Howard Armstrong’s life-story. The lone crusader was crushed by the corporate “Goliaths” he helped create. Final postscript: After Armstrong’s death, his estranged wife, Marion, took up her husband’s ongoing patent battles with the Goliaths of the radio industry. She eventually prevailed in every single case!

Inventor of the Calculus: Isaac Newton or the German Mathematician, Gottfried Leibniz?

History’s most ardent defender of his intellectual property also happened to be the greatest scientist/mathematician of all time, Sir Isaac Newton. As vindictive as he was brilliant, Newton waged one of history’s most vicious priority battles with Gottfried Leibniz over credit for the development of the calculus, that ubiquitous, indispensable mathematical tool of the engineer and scientist. Newton formulated its fundamentals in 1665/66, the famous “miracle year” spent at his mother’s homestead in isolation from the great plague which swept through England at the time. GodfreyKneller-IsaacNewton-1689[1]Newton’s peerless scientific self-discipline tended to completely desert him when challenged by others on matters of intellectual priority which he felt belonged to him. Leibniz and Robert Hooke were two men who famously felt the full force of Newton’s rage in such matters. For Newton and his circumstances, there was no real money at stake – only prestige and ego, and Newton’s ego was well-developed… and sensitive. Today, both Newton and Leibniz are credited with independently developing the calculus – essentially true, although it appears certain that Leibniz had unauthorized access to some of Newton’s early personal papers on the subject. In that sense, Newton is regarded as the “primary” developer of calculus. Leibniz never quite recovered from the savage and telling effects of Newton’s vindictiveness which was well publicized in scientific circles and which reduced the great Newton to unprincipled deceits in his efforts to discredit his rival. In Newton’s mind, much more was at stake than mere money: For him, personal satisfaction and the ego-satisfying prospect of scientific immortality were far more important motivators. In his defense, one could argue that, for Newton, the long-term stakes riding on his efforts to receive due credit for his brilliance were much higher than most. Nevertheless, when all was said and done, Newton’s personal reputation suffered significantly even if his scientific reputation remained unsullied over the dispute with Leibniz.

What Would You Do?

Milton_Wright_1889[1]If you were ever in the position of enjoying a significant personal success that had already conferred substantial wealth upon you, yet huge wealth beckons you or whoever else takes the enterprise still further – what would you do? Like Orville did, I would have heeded Bishop Milton Wright’s early admonition to his children (paraphrased here) that greed is bad and leads to grief; be content with sufficient money to sustain a comfortable life and require nothing more beyond that than the normal pleasures of life and living. The Bishop also warned against temper and ego. The Bishop was a very wise man; the brothers received some very informed guidance.

 “If I were giving a young man advice as to how he might succeed in life, I would say to him, pick out a good father and mother, and begin life in Ohio.”

 – Wilbur Wright

Click here to get to last week’s post, The Brothers Wright had “The Right Stuff”

Why Go to College? Is It Worth It?

IMG_1611_PS1The Quadrangle and Memorial Church: Stanford University

Yesterday’s editorial page in our local newspaper featured an article by Richard Cohen who writes for the Washington Post newspaper. It is titled “Can’t measure worth of college in dollars.” In it, he reflects upon the benefits of his college education. After applying “his own set of metrics” to evaluating the experience, he candidly confesses that the Washington Post would likely not have hired him without a college degree but that he probably could have earned as much in the insurance business – without the education.

Most importantly, he concludes in hindsight that attending college has made him “a happier person,” and that fact is worth everything. His reflection on the lifetime benefits which college has afforded him highlights the acquaintance of “some wonderful people,” including fellow students whose greater sophistication and worldly outlooks benefitted him greatly.

Yes! When reflecting upon our personal experiences, many of us can attest to the pervasive, long-term benefits of our college years: The crystal-clear window on human nature that four years on campus with fellow students can provide, the independence that campus living fosters, and that other window-on-the-world provided by a liberal education which stresses more than just occupational preparedness.

But why not have the best of both worlds? Why not choose a college major which fires the soul – one which promises personal growth and satisfaction while simultaneously developing marketable skills? I had the great, good fortune to do precisely that. Entering college in the fall of 1958, I set sail for a career in science or engineering (ultimately engineering) because I was interested in those fields and felt I had some aptitude. The inherent cold war threat of Russia’s success with Sputnik in 1957 fueled a great need for engineers and scientists, here in the United States. The timing of the employment boom in engineering was fortuitous as was the cost of college in 1958. Sometimes, pure luck trumps even prudent planning.

 Going Into Debt…Big-Time!

Mr. Cohen points out that the average graduate, today, is saddled with $33,000 of student debt as he or she faces an uncertain job market where entry-level positions pay very little in many fields – when they exist at all! Many of these grads will never be able to pay their debt, nor to shake that debt through bankruptcy.

When I reported to the San Jose State College campus as a freshman way back in 1958, the tuition was $29.50 per semester! I boarded with three other freshman students in the home of dear old Mrs. Lucas, a widowed, seventy-one year old lady whose longtime home was several blocks from campus. Her daughter boarded several other students just down the street, and we all ate dinner together. Mrs. Lucas charged a little more than other boarding houses in the area because it was smaller and a tad nicer – a whopping $85 per month for room and board!

At San Jose State, I reveled in the wonderful instruction and the knowledge I eagerly absorbed in my calculus, engineering physics, and chemistry classes. As the only technical major in a large, two-year, class-everyday, integrated humanities program (by invitation only), I often chafed at the some of the subjects which were difficult for me. Dissecting T.S. Eliot’s poem, “The Wasteland,” and reading about the Peloponnesian War in ancient times did not come easily to me, but they did open my eyes to the vast scope of liberal-arts studies. I never did understand what Eliot was saying in that poem! I will take the time someday to have my English major daughter, Ginny, explain it to me, line-by-line. She gets it, completely. She got those genes from my mother, not from me!

IMG_1590

When I transferred to Stanford University in nearby Palo Alto for my junior year, I lived in a large student dormitory on campus which provided a still-broader vantage point on the picture-window of life and living – so many really smart people and so much going on, there! I paraphrase what Mr. Cohen says in his piece: I encountered “fellow students who were so much more sophisticated and worldly than I was.” Indeed, there was so much to learn and experience at Stanford – especially for someone like me, the first in both extended families ever to go to college. Today, I still reflect in wonder on the fall of 1958 and those first, uneasy evenings away from home spent at Mrs. Lucas’ boarding house in San Jose. The three other fellows – new freshmen like myself – were discussing their possible college “majors,” and I had no idea what that actually meant!

I graduated from Stanford after 4 years and one extra quarter with a degree in electrical engineering. I had a wonderful occupation and career waiting for me, and that, too, was a whole new learning curve and challenge, especially here in Silicon Valley, California where the professional competition and the pace are intense.

Money and career aside, I can identify completely with Mr. Cohen and his Washington Post article: The things that matter most in the end are the experiences garnered during four years on a college campus and the memories and lessons which derive from them. Those of us in my generation often comment among each other how fortunate we were to come-of-age during the golden age of higher education in the United States of America. The total tuition for four years at Stanford then was $4,000. When I left there, I had a student loan debt of $1000 which I was able to pay off quickly by living with my parents for a year while working at my first job in engineering. Today, a Stanford Bachelor’s degree costs $180,000 in tuition, alone. This is in line with most similar, private universities and not that much higher than many top-tier public schools.  Granted, substantial aid packages are very prevalent today, but with an average student loan debt of $33,000 and employment prospects fair to terrible depending on one’s field, the situation is dire for today’s youth who wish the full college experience. For many, the experience of which we speak is on its way to becoming a dinosaur – rarely seen anymore. The trend-line of today’s reality dictates a work/study approach to life and learning whereby a job and part-time schooling coexist. It suddenly strikes me that the situation is precisely what many of our parents faced during the more austere periods following the depression and during the war years as they struggled to get ahead. Are we coming full circle in America’s middle class?

My advice to high school students: First, identify your passion in life, and pursue it. Never neglect ultimate financial security and the importance of having some money to work with, but your engine will be fueled through all your years by the satisfaction derived from your life’s work and experiences, not by an excess of disposable money.

The attitude with which one approaches life and work can completely color the whole reality. What at first appears ugly and unappealing, like being in a low-paying sales position and dealing with the public can be transformed by viewing such a job as a challenge and an opportunity to brighten people’s life each day by exhibiting enthusiasm and competence in the process of doing your work. This is, in essence, taking pride in your professionalism, no matter what the job description – and that is a good thing. As for today’s high price of college: My advice to youngsters is to NEVER immerse yourself in a level of debt that you will be unable to pay back. No “campus experience” will prove worth the personal travail of unmanageable, lifelong debt. It is far better to work and go to school part-time to acquire a profession which will inspire you to excel and to forego the “complete campus experience,” as fulfilling as that may be. A new trend in the form of on-line college courses is just around the corner whereby college-level courses can be viewed and even taken for credit from the comfort and convenience of the home. Many of the top universities in the country are evaluating the prospects of such a game-changing opportunity for those who cannot afford today’s cost of a four-year “campus experience.”

The only thing which is permanent in this life is…change. That is especially true of education and the dissemination of information and knowledge. While acknowledging that fact, I nevertheless thank my parents, San Jose State College, Stanford University, and my lucky stars for every single day of what I had the great good fortune to experience. I know exactly what Richard Cohen was talking about in his column.

For more on colleges and choosing the right one, see Choosing the “Right” College or University for Your Student, Jan. 26, 2014 in my blog archives.