Blue LED Inventor Nakamura Awarded $8.1 Million
redkingca writes "The New York Times (reg required) has an article about an $8.1 million settlement in the blue-LED royalty case. Mr. Nakamura created the blue LED while working for the Nichia Corporation but never received any bonuses or royalties for his invention. A lower court had awarded 20 billion yen, nearly $200 million, and ordered Nichia to pay Mr. Nakamura last year. The settlement came after the company appealed that ruling."
Here's an interesting article from ScienceWatch (no bloodsucking reg required) which goes into more detail on the history and application of this *very* cool technology.
About 10 years ago a friend took another stance and left an employer after they patented his (very profitable) invention and licensed it, but gave him no bonus for it (the product incidental to their core competency.) He started his own consulting company and keeps all his IP now.
A feeling of having made the same mistake before: Deja Foobar
For those who would like to read a similar article without having to give out information:
http://www.japantimes.co.jp/cgi-bin/getarticle.pl5 ?nn20050112a1.htm
and here:
http://www.out-law.com/php/page.php?page_id=bluele dinventorse1105540939&area=news
Pretty nice chunk of change for this guy. Although the company made quite a cunk themselves off of his work.
Having done so much with so little for so long, I now can do anything with nothing at all.
here
...Nakamura held a press conference (Yahoo Japan link) after the settlement was reached, where he said he considered the result to be a "total loss", described the Japanese legal system as "rotten", and urged researchers in technical fields to move to the US (he currently works at the University of California).
Meanwhile, the CEO of Nichia held a separate press conference where he announced that real researchers do it for the joy of technical achievement, and not for mere monetary compensation. What an asshole...
In actual fact, the company tried for several years to abandon the line of research that eventually lead to his breakthrough, in favour of pursuing the same methods that other researchers had completely failed to get working.
Not to mention that he also spent his own money on some of the equipment used.
On top of which the company offered him a $200 "bonus" for his patent, which is estimated to be worth $1.2 billion to the company (in profit).
No, there was a Japanese law enacted a while back that entitled employees to "fair compensation" for discoveries that result in large profits for their employer.
Of course, like most Japanese law, it lays down no guidelines whatsoever as to the meaning of terms like "fair", which is why Nakamura got the shaft and Nichia stands to make over a billion dollars.
Like my current employer. I had to sign over my rights to *ANY* invention, not just one that was invented on company time, or related to the business.
I'm a mechanical engineer, and I work for a company that makes nuclear submarines for the Navy. Sometimes, stuff is patented, but it's gov't technology anyways.
Point is, they're so anal about protecting themselves that they want to own everything.
If I invent the next Chia pet in my basement, they'll own it. And I know a lot of companies are like this, presumably because they can get away with it.
"No fair, you changed the outcome by measuring it!" - Professor Hubert J. Farnsworth
Please note that under Japanese law, there is a provision for employees to be compensated for exceptional performance (which I would hope few people would deny was true of Nakamura's discovery).
So his lawsuit was based on a legal requirement for the company to pay him fairly.
this is not the first lawsuit of this kind. inventor of aspartane (artificial sweetner) sued ajinomoto (company known for MSG) and won ~$1.5 million before.
basically, the feeling is that providing reasonable compensation for inventors, regardless of where technically the invention patent or methods belong to, is good for the morale of workers, provides incentives and thus advances the society as a whole and increases competitiveness of corporations. finally, providing reasonable compensation is also economically viable for the company.
he was awarded $8.1 million after his contribution to the invention was deemed to be 5%, instead of the 50% in the prior ruling. the original ruling resulted in ~$600 million settlement.
the company issued a statement saying it's glad that the invention of LED was attributed to more than just one person, as indicated by the reduction of Dr. Nakamura's contribution value by the court.
copyright v. patent.
A book is copyrighted, the ideas in it are not.
A patent is a protected idea, stated most simply.