The problem with the wiper delay is that it's not really a patentable idea. REALLY! Patents have become ubsurd in the last decade and I'm shocked someone hasn't filed a patent for a process for putting your pants on one-leg-at-a-time.

The rules for patents (which don't seem to be enforced anymore) is that the idea must not only be original, it must also be non-obvious. It was quite obvious that people wanted wipers to have a delay and the means for putting an electronic timer in has been around for years (your turn signals -- back in those days -- basically used the same sort of circuit to cause a delay between flashes). So if you asked an engineer to come up with a way to make the wipers delay between swipes, you'd probably discover that a vast majority of them would have developed an extremely similar mechanism... and that means the solution is somewhat obvious.

Ford actually pays royalties to Toyota because Toyota held patents that Ford thought they would have to otherwise infringe. To paraphrase the directory of the Hybrid program at Ford -- she said there's only so many ways to come up with a system that combines an electric motor, a gasoline motor, a mechanism that lets both combine to the same drivetrain, and a battery. Toyota's patent (which was granted) was so broadly written that all the reasonable arrangements of these components were covered under it. Toyota apparently has a very broad patent.

I've scanned the patent for Solomon Technologies (the company that filed the complaint against Toyota) and at first glance it appears to be a somewhat specific mechanism -- not just a broadly written thing. It actually describes how the gears & armatures, etc. all need to be arranged to allow two different power inputs to blend into a continuously variable speed transmission to create a single output -- and also how to use regenerative braking -- taking power from what would normally be the output, and shift it to a generator.

If it can pass the "obviousness" test (prove that the idea is not obvious that if you ask engineers to build a device that fulfills the same kinds of functions that many would come up with a very similar implementation) then Solomon Tech will likely win.

There's a bit of a good news slant for Ford. If the patent complaint loses and the concept is deemed to be obvious (non-patentable), then it would likely *also* free Ford from having to pay royalties to Toyota (ie. the idea is 'obvious' and unpatentable... meaning not only does Solomon lose, but Toyota cannot enforce their patent either. Remember, Ford doesn't actually use *any* Toyota parts, components, or specific designs in their FEH... they only pay the royalty to Toyota because Toyota's patent is very broad. Ford's hybrid implementation is their own.). If Solomon Tech wins, then Ford would likely have to pay royalties to Solomon *instead* of paying Toyota (so Ford isn't really out any more money then they already pay) -- Toyota might be required to forward all money they made (from Ford) to Solomon Tech.

There's been quite a demand for patent reform in the US and I'm hearing grumblings that congress will be discussing some changes in the patent system. Patents are *supposed* to protect small inventors who come up with truely novel, useful, yet non-obvious designs which they actually intend to develop and sell -- so that they can make money off of their invention. By protecting such people, we encourage creativity innovation and the progress of mankind for a better world, blah blah blah. INSTEAD, we have companies that write up VERY broad patents for VERY obvious ideas, and then DO NOT ACTUALLY MAKE THE INVENTION that they patented... but instead lie in wait for someone else to make it so that they can SUE THEM! This has the completely opposite effect of stiffling creativity and innovation -- esp. from small companies or private inventors that frankly cannot afford to defend themselves in the lawsuit. To these companies, the money-making opportunity isn't through developing the invention and selling it. Instead their business model is to make money by leveraging the courts and the threat of lawsuits to demand royalties from everybody else -- and that is NOT what the patent system is supposed to do.