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News: Dr. Robert Rines Founder & Former President

Robert H. Rines Discusses Kenneth J. Germeshausenís Involvement at the Franklin Pierce Law Center in Concord, New Hampshire


February 23, 1990
13 Spaulding Street
Concord, New Hampshire

 

TABLE OF CONTENTS:

I. Germeshausen and Edgerton: The Beginning of EG&G

II. EG&Gís involvement in WWII

III. Post-WWII

IV. The Beginning of Rineís Involvement with EG&G

V. Law and Patents: Rineís work at MIT

VI. The Development of Franklin Pierce Law Center

VII. The Beginning of Law and Technology at Franklin Pierce Law Center

VIII. Contributions by Germeshausen

IX. Looking Ahead: The Future of Franklin Pierce Law Center

X. Germeshausen & Rineís Search for Loch Ness

XI. Conclusion

 

I. Germeshausen and Edgerton: The Beginning of EG&G

In the mid to late 1930's, Kenneth Germeshausen was a student at MIT in electrical engineering. He worked and studied under Professor Harold Eugene Edgerton in the area of rotating machinery, in particular the branch of electrical engineering that was in vogue in that era. Because of the depression, Germeshausen was unable to find employment upon graduation. He returned to his professor, Edgerton, and told him of his lack of success in finding employment. Edgerton responded, "Well, we are all poor, but I am starting a small consulting practice on my electronic flash inventions and stroboscopes that are used for stopping automatic and rotating machinery. Why donít you join up with me? We will find some way of getting you an assistantship. We can work as a partnership and share what comes out of the business." This generosity ultimately resulted in Germeshausen becoming a partner in Edgertonís consulti_g practice. The consulting practice dealt largely with adapting Edgerton's stroboscope inventions to practical applications in industry, some of which were cutting machines and things of that sort.

Professor Edward L. Boles, who is now the head of the electrical engineering department, urged Edgerton and Germeshausen to show their inventions to the General Radio Company in Cambridge, Massachusetts. Edgerton also spoke to his father about the inventions. His father, a lawyer in the Midwest, suggested that he consult a patent lawyer in the Boston area to protect these inventions. Boles recommended my father, David Rines, as one of the few patent attorneys who was a physicist and understood electrical engineering. Boles asked my father to take this poor professor and his associate under his wing to see if he could do something to help them protect their inventions. It was through Boles that the Rines family first became associated with Edgerton and Germeshausen.

During that era, my father represented Professor George Washington Pierce at Harvard University in connection with the Pierce oscillator and magnetostriction inventions. My father also represented Professor Pierce on a gratuitous basis, as he felt obligated to help struggling professors and to derive his income as a patent lawyer from his commercial clients. Edgerton fell into exactly the same situation and to my knowledge, throughout all the years in litigation and appearances, my father never sent Edgerton or the partnership a bill for his services. Edgerton and Germeshausen eventually reciprocated by making my father a partner in their consulting practice. They split the royalties coming out of the practice in four-ways between my father, Edgerton, Germeshausen, and another student named Grier, who had also joined the consulting practice after failing to find a job. Although the partnership agreement was never in writing, my father never requested a written contract. Of course, he was simply delighted to receive a portion of the royalties and that was the kind of relationship that existed.

General Radio Company, who my father then represented as patent counsel, hit it off very well with Edgerton and Germeshausen. At the time, Melville Easton was in charge of General Radio Company. General Radio became the exclusive licensee of Edgertonís stroboscope patents. There was never a contract between General Radio and Edgerton. It was just a handshake. It was not until I became involved in the practice, after WWII, that they formed a contract. The Internal Revenue Service pleaded with me to develop some record, in writing, of their license agreement. The government was simply not used to a company paying hundreds of thousand of dollars in royalties without any written license agreement. We ultimately obliged. I asked either Germeshausen or Edgerton to write a one-line license agreement, which General Radio Company acknowledged. That is all there ever was between General Radio Company and the partnership of Edgerton, Germeshausen and Grier. And as I mentioned before, there was also never a written contract with my father. To me, this is the most exciting aspect of their relationship. It is certainly not like America in 1990.

II. EG&Gís involvement in WWII

During the war, the partnership undertook to develop powerful strobe or flash lamps for night surveillance from aircraft. Before Normandy, we used this equipment to determine where the Germans were located. The Germans had no idea that we were flying some of Edgerton's high powered strobe flash photography equipment over France and taking pictures. Using the equipment, we knew exactly where they were located. However backing up a little, the stroboscopic flash pioneer circuitry that Edgerton developed for triggering flash lamps was directly analogous to triggering radar modulators. It was also directly analogous to what was going to be required to trigger atomic weapons. As such, the government in the atomic energy project at Los Alamos asked Robert Oppenheimer to send a telegram to Edgerton explaining that they were aware of his invention and that they thought they had found a use for the technology. The telegram asked whether Edgerton would cooperate. The partnership not only cooperated, but provided the U.S. government the use of their technology free of any royalties. Of course, my father agreed to this arrangement.

Germeshausen worked in the radiation laboratory. Through EG&G and the support he received, he eventually developed a tremendous invention in the evolution of the hydrogen paratron. He was the father of the hydrogen paratron. This gaseous triggered device was widely used in the radar industry. Components of it became very important in the atomic energy field and devices for triggering weaponry. Indeed, this is how the Atomic Energy Commission became associated with Germeshausen and Grier. Following the war, the Atomic Energy Commission suggested that Germeshausen and Grier continue performing test work on the atomic explosions, the photography, the sending in of missiles with photographic equipment, and the measuring of equipment. The Atomic Energy Commission also suggested that the partnership of EG&G become involved in the business of instrumentation, which would be the instrumentation on the Atomic Energy Commission and its White Sands proving grounds.

Grier, by this time, was really the businessman. He went out West, which is where he became ensconced. Germeshausen was the overall businessperson in the Boston area. Edgerton, except for being very active in consulting in stroboscopic and flash things, was the professor and the person who attracted attention from his many exploits. These exploits included his flash photography, his study of animals such as humming birds and bats, pioneering of stop motion, and eventually his involvement in the field of sonar and applications of that type. They decided that a partnership agreement would not be appropriate for dealing with the government. Therefore, they incorporated as Edgerton, Germeshausen and Grier, Inc., which became abbreviated as EG&G. I remember applying for the trademark registration of EG&G, and wondering how I could possibly get any kind of special monopoly on the word "EGG."

 

III. Post-WWII

After WWII, my father was no longer interested in working. We had lost my mother at the hands of medical malpractice in 1943. My mother died while I was in the battle of Britain, where I had gone over as a signal corps officer to be trained operating radars against the German aircraft and anti-aircraft directed fire. I didn't know my mother had died. When I came home it was quite a shock. I recall the warm shoulders that Edgerton and Germeshausen provided me. I was just young kid coming home under these unfortunate circumstances. Although we had not yet established any work relationship, we had a very warm relationship. At this point, I wanted to quit MIT and transfer to Harvard so that I wouldn't have to work. Because my father wouldn't let me transfer, I pulled the trick of not going to classes and flunked out of MIT before the war. My father threw me out of the house and I went to live with an aunt.

Unbeknownst to me, there was a conspiracy among Boles, Edgerton, Professor Slicter, and my father to keep me at MIT. They had gotten me a job at a janitor in one of the laboratories. After learning of their plan, I became ashamed for not going to my classes so I went back to summer school made up the courses. I didnít miss any classes, and I ended up graduating in the top of my class. We graduated early in April 1942 because of the war. I remember the graduation was held in Symphony Hall, and Edgerton was amongst the professors. When I walked by he stood up and clapped at me. Edgerton was a dear man and a dear friend who was sympathetic to me all the way along.

When I came back from England, I was assigned to do some emergency radar work right about the time of the evasion of Saipan out in the Pacific. While I was there, I met Boles. He had come over as a representative of the commanding general, Mr. Arnold. He was trying to determine how the Japanese managed to bomb all of our new B29's on the ground, as were unable to detect them. In fact, I remember seeing Edgerton and Germeshausen at the radiation laboratory where I was being trained to fly an emergency radar. At the time, I was the company commander. I flew my platoon to Saipan, where we were able to stop the Japanese. When Boles came, he brought the regards of Edgerton and Germeshausen. So these people were always on my mind. Later, they put in a bid for microwave or early warning radar for Tapachow. I continued to have this familiarity with them. They, indirectly, were following my activities as radar officer.

I came back from the invasions of Saipan after doing some teaching and setting up some radar schools in Hawaii. Later, I represented the army at the Army Air Force Applied Tactic School in Orlando. I was given the assignment in Washington of bringing back people from the various tiers of operation that I had come upon who would be excellent researchers to adapt the new Army Mark-5 IFF identification friend or foe for the Air Force radar. I became the commanding officer of the research group at Fort Drum Naval Research Lab. We did this in connection of IFF, Bureau of Ships of the Navy Department. Occasionally, I would come upon the work of EG&G and as such, we kept in contact.

IV. The Beginning of Rineís Involvement with EG&G

When the war over, I became an examiner at the Patent Office and started going to night law school at Georgetown University. My father had a case with Germeshausen and Edgerton in the Court of Appeals. It was an appeal from the Patent Office and some other appeals which involved interferences with the City Service Company. Because my father was no longer interested in practicing law, he asked me to work on the cases. As I was coming along in law school, I received special permission to argue in front of the Court of Appeals. This began my introduction into patent law. I remember there was a Judge Edgerton in the Court of Appeals. We showed him some of Edgerton's pictures taken of a cat lapping milk. In the pictures, you could see the catís tongue curl up. The judges were extremely impressed with Edgertonís invention.

Westinghouse offered me a job to head their nuclear reactor program. Hy Diamond, the head patent attorney who had been in the Navy, had seen me put together a research group at Fort Drum under the Signal Corps Nuclear Anti-Detachment. He was impressed by my work, and offered me this position. My father wanted me to accept the position because he had also been a patent attorney at Westinghouse. I declined the position, however, because my father wanted to give up his law practice and I wanted to get into the practice immediately. One of the first things I did upon returning was to take over the interference between Sylvania and EG&G on one of Germeshausen 's inventions of a type of flash tube. At the time, they had licensed the invention to Sylavania. Both Sylvania and EG&G wanted to make inventions at the same time, and EG&G felt that Sylvania did not have the right to make these inventions. So thatís when I started to cut my eye teeth and first took over as Germeshausen 's and EG&Gís lawyer. I mainly represented Germeshausen and EG&G rather than Edgerton, as Edgerton was not making inventions at that time.

This new position brought me into close contact with Germeshausen and we developed a warm relationship. At that time, he had formed EG&G as a corporation and some of the other lawyers resented my relationship with him. The lawyers could not understand why Germeshausen continued with my father as a partner, as they felt that he shouldnít have any ownership control in the company. My father, being a gentleman, said absolutely nothing. The lawyers started asking us for bills from EG&G, Inc,. Germeshausen then asked me if I would develop a patent group. I started a group with Cad Warner and Leo Kelly, who is now General Counsel. Indeed I taught them and tutored them and ultimately established the patent department at EG&G. Eventually I became merely an advisor to the group, as they went onto their corporate pursuits and I continued working mainly with small companies, individual inventors, and as a consultant to others.

The other close contact I had with Germeshausen dealt the release of his inventions to the U.S. Government during the war. Once the war was over, many industrial companies were profiting by making radar and stroboscopes. As a result of government policy, people were using General Radioís designs and beating them to the punch on the procurement of patents. It just wasn't fair. So I received authorization to bring a claim against the government for their use of the invention post-WWII. I also brought a claim against the Atomic Energy Commission. At the time, Grier was very much opposed to bring this claim because he was still doing business with the Atomic Energy Commission. Yet they got themselves into a conflict situation with EG&G, Inc. and to their credit, Germeshausen, Edgerton, and Grier recognized that it was necessary to bring these claims.

With some rather some nice maneuvering before the Court of Claims, I put the Atomic Energy Commission in a very embarrassing situation. The Atomic Energy Commission tried to defend their actions on the basis that Edgerton and Germeshausen trapped them into using their patents and technique in the atomic weapons. Although we could not find it for a long time, we eventually found Oppenheimerís telegram. After presenting the telegram to the court, the Commissioner of the Court of Claims became pretty disgusted with the government. The Atomic Energy Commission quickly settled that claim. The attorney who had helped incorporate EG&G left his big Boston law firm to became counsel to EG&G Inc. He thought he could handle the litigation on the other government claims. I remember Edgerton, Germeshausen and Grier threw him out of the room and ask me for my opinion. I told them to do me a favor and to get off my back and let me work with Germeshausen so that we could either carry the litigation through with a total suit or get a settlement. In a very short time, we settled for three times the amount that they were originally willing to settle. So I think Germeshausen felt extremely grateful to me, and it was an unusual result.

I recall one episode when I was in Germeshausenís office. He was complaining rather bitterly that Edgerton was off with Cousteau designing underwater camera equipment and getting his name in National Geographic. Germeshausen had been working his tail off developing business and Edgerton just sat as the chairman of the board, yet he and Edgerton had the same amount of stocks. I remember sort of sitting up, as this was my first experience of this type. I reminded Germeshausen that it was Edgerton who gave him his first job and without him, he would not have been part of the company. Germeshausen sobered up for a minute, and I never again heard him complain about Edgerton. In my years of practicing, I have noticed this characteristic in people. They want to know "what did you do for me today?" They forget who helped them and what they owe to these people. With regards to that situation, this was the only flaw I ever saw in Germeshausen 's character. I am sure it was borne of a frustration, as he was knocking himself out while Edgerton was having fun in the Mediterranean looking for large ships with Jacques Cousteau. So that's the background. I continued having contact with Germeshausen as I was supervising the developing patent department. There continued to be litigation on some of the patents, for which I did the litigation. I think that would bring us certainly into the 1960's.

V. Law and Patents: Rineís work at MIT

In the early 1960's, I had been teaching a patent course at Harvard. I was succeeding my father, who had taught at Cruft Laboratory for engineers. Germeshausen asked me why I wasnít teaching this course at my alma mater MIT. I replied that I had never thought of it, and I didn't know they wanted me. Between Germeshausen and another professor Lan Chou in the electrical engineering department, they convinced me to teach at MIT. I welcomed the change because at that time, I had become disillusioned with Harvard. I had written a book called Create or Perish: The Case for Patents and Inventions. I used the book for my courses at Harvard. It was a hybrid kind of book, but it gave the flavor of what was going on at the time. The Harvard University Press was willing to publish it, and it had been approved by the engineering school. The Harvard Law School, however, got wind of the book. Because I had some very unpopular things to say about their precious Supreme Court and its hostility to patents, I got a call from Bob Braucher, who was on the staff and eventually went onto the Supreme Court in Massachusetts. At the time, Bob and I were neighbors. He told me that if I removed the chapter about the Supreme Court, he though he could quiet down the boys at Harvard and that the book would be published by University Press. I told Bob to go to hell.

This ultimately resulted in the law school members on the board of the press calling a meeting. Since the meeting was held during the summer time, all of the engineering people except Harvey Brooks, the Dean of Science, were gone. At the meeting, they voted that nobody except the law school could authorize the publishing of a book on law. Because they felt that they had no use for patents, and therefore didn't want this book, they voted that Harvard University Press should not publish the book. This new policy precipitated the resignation of all of the engineering people, including Harvey Brooks. They appealed to the President and he said that although the policy was deplorable, he wasn't going to interfere or take any action. Because of the treatment I received, it didnít take much urging from Germeshausen and Chou for me go to MIT. Eventually, University Press published the book.

By this time, Germeshausen had developed a strong personal interest in me. At MIT, my conviction was that there ought to be more engineers in the law. I thought that there ought to be a special kind of law school at MIT that trained people in technology. I wanted engineers to be trained in patents in order to become administrators of government. It seemed unnecessary to have students studying criminal law and all the rest of that nonsense when they were going to practice law in this particular field. I was certain MIT could easily break into this field because they could tell the ABA to go to blazes. MIT didnít care about their accreditation, as it would be pretty hard for people to turn away special breed of lawyers coming out of MIT even if it meant developing a special bar. I received a lot support for this project at MIT and the goal was to have a special kind of law school at MIT.

I was mainly interest in the idea of technology in law and training judges because one could foresee what was going to happen in what is now called "regulatory systems." Germeshausen was behind me 100% - he thought it was a crackerjack idea. Both he and Edgerton joined me for lunch with President Julius Stratton. We talked about my dream of starting a specialized of law school to train people for his multidiscipline liaison function. The project was very well, however the Ford Foundation offered Stratton a chairmanship and he left MIT. Howard Johnson took over and there was no longer any priority or real interest in the project. He didn't support the law related group and the project eventually died.

VI. The Development of Franklin Pierce Law Center

I ultimately decided to start a law school at Franklin Pierce during a meeting of the Academy of Applied Science. The meeting was held at Franklin Pierce College in Rindge. Although I had never heard of this college, we chose this location because one of the members of the Academy was also on the Board of Trustees of Franklin Pierce College. We were holding an Academy conference on the new upcoming European patent system, and brought people from all over the world to come and talk. So that's how I happened to learn about Franklin Pierce College. During the course of a meeting, the trustees, President DiPietro, Frank Sawyer, and Bill Kenny were swept away by how excited the Europeans, my associates from the patent practice, and the other participants were about the fact that there was going to be a European patent. During our conversation, I got to talking about some of my disappointments at MIT, and the trustees suggested I start the program as a graduate school at Franklin Pierce College. Although I would be responsible for the finances and other aspects of starting the school, they felt the law school would give them prestige and were excited to become sponsors of New Hampshireís law school. They said that once it got going, I could do my own thing and eventually split off.

That is where the idea was born of going ahead and starting a full-fledged law school under the auspices as a graduate school of Franklin Pierce College. A fellow named Draper Harvey from the Academy had many contacts and he was very instrumental in the project. At the Academy sessions, I saw Germeshausen, who was also very excited. He told me not to drop the idea, as it was too good. Of course, later I found out about lawyers and law schools and the fact that you had to be everything to everybody. It really wasn't my cup of tea, but it was means towards an end, and that is why we started the law school. At the time, I never asked anybody for any money. Sawyer, Kenny, myself and others were so excited about the idea that once we found a site on Mountain Road for a law school, we guaranteed the mortgage. I selected Dean Smith from Hastings to be the first Associate Dean. He knew about academia in this context. He told me what I had to do and cleared it with the ABA that I needed to have a library with so many books. I also needed to have a librarian in residence. I asked Phil Hazelteen, who was retiring from the Supreme Court, if he would be our librarian. He thought it would be great and agreed to be our librarian for a year to get us started. Through the Academy, we contacted several companies throughout the country that were reducing their law practices in their branch offices and they gave us books. A friend on the Supreme Court gave us two whole sets of State Reporters that were declared obsolete. A friend at the Copyright Office let me know when it was down there, and we brought a Hertz truck and loaded the library into the truck. During this time, the Academy put up initial funding. When Edgerton and Germeshausen asked me if I needed any money, I said "no, not yet." I suppose I didnít accept their offer because I didn't know if I could make a go of it.

When we had done all the work that Smith wanted us to do, Carol and I visited him and said "OK, everything you said is all done. Now come on and be the Associate Dean." He panicked. He never expected it and he wasn't prepared for the offer. So I told him that at the very least, he could help me find a faculty and to look for another Associate Dean. It was through those contacts that I heard about a fellow down in Washington who had been an assistant dean at The University of Kentucky College of Law. He was totally dissatisfied with the way legal education was taught. Although he didnít know anything about law and science technology, he certainly knew about running an institution. He had the same feelings I did in terms of providing students with practical training such as trial advocacy training and internships at law firms, which was against the rules of the ABA. Because he sounded like a compatible individual, I went down to Washington to meet Bob Viles, where he was the Research Director of the Commission on the Bankruptcy Laws of the United States. After describing what I wanted to do for an hour, he said I donít know what my wife will say about this but I'm your man. We shook hands and that is how it started.

VII. The Beginning of Law and Technology at Franklin Pierce Law Center

Very early I introduced Germeshausen to the school. Bob Viles and I met with him and frankly, Germeshausen wasn't very impressed with lawyers or all the general kinds of stuff we had to do. He wanted to start right away in patents and in law and technology. During that time, I taught the initial patent courses. I gave somewhat broader intellectual property ideas to the students in the seminars. Arthur Smith and the former head of Arthur D. Little came to the Academy and told us that the PTC Research Foundation started by the American Patent Law Association at George Washington had been given its walking papers. He asked whether the Academy of Applied Science would take the foundation. We told him that we didnít think the Academy was the kind of organization to do it, but that the Academy would put it in the Franklin Pierce Law Center. The Academy was heavily financing the law center and a lot of its members were helping to equip us to become a new kind of law school. So that is how the Academy brought PTC in. It had its own budget and we got a little of their money. We were able to sign up EG&G, General Radio, and some of my clients in the neighborhood to stay on. Tom O'Brien gave us a big boost and we got Westinghouse and a number of others back.

Although the money we received was not anywhere near the level they used to pay at George Washington, it was enough to keep us going and everything we did in law and technology was bootlegged. It never came out of the budget of the law studentís tuition, which was all the ABA was interested in. The accreditation people were concerned about how much money we had, what we would do if we didnít have a certain number of students, and the size of the facilities and library. It seemed like they were worried about all of these stupid things. At that time, we had temporarily moved into White Street. Because I wanted to ensure that I had the building, I moved into the basement of the building while an insurance company continued to occupy the building. I felt that I had bought it at a good price, and I didnít want to miss anything so for a while we operated both on Mountain Road and in the basement at White Street. I had made my deal about this time with the ABA. We were the fastest and only truly independent law school to ever receive accreditation. I really pushed the ABA, using the fact that we had a specialty in technology and patents. And whether they liked it or not, being a litigator I had made sure I dotted every "i" and crossed every "t." The ABA may normally play with these other deans, but I felt that if they want to play around with me, they would receive more than they were used to chewing. I really meant it.

This, of course, petrified Bob Viles. The ABA felt that the dean should be a full time faculty member and not practice law. But I was not willing to give up my law practice. I finally made a deal with the ABA to create a president position. We agreed that from that point on, I would allow the Dean and the faculty to determine the academic curriculum. Although I would remain in control of the destiny of the institution as a whole, I wouldn't interfere in determining the academic curriculum. Even though I was a member of the faculty, I had lost total interest in even being concerned with that aspect of the institution. Fortunately, Bob Viles was very good at determining the curriculum. While I may not have developed the same way he had in mind, he did incredible job.

viii. Contributions by Germeshausen

When Germeshausen came, I asked him to give us some assistance because we needed to show resources to the ABA. Because I was not involved in the curriculum, I was able to explain to Germeshausen that I was going to concentrate on the developing the law schoolís specialty of law and technology. Although he did not have an interest in the law school as a general institution, I told him that he knew what service I was able to be in the entrepreneurial community and so forth. I explained that we were starting to attract a substantial number of engineers and scientists, and that we needed desperately to develop this kind of specialty. I could not tell Germeshausen whether we were going to start the specialty within the J.D. program, have existing lawyers come to be trained, use the PTC as an advanced educational concept, or develop a special program for engineers and business people. I could only explain what we wanted to do. We wanted to establish the first chair in the United States in entrepreneurship and patent law at the institution. He agreed with this, but explained that he wanted us to have some fun with his money. He wanted to invest in newly formed companies. He told us that there would be a time when he was ready to invest in our institution. So we struggled.

When the time came for the new building, I brought him and showed it to him. I remember calling him on the telephone and asking for his help. He asked me what I needed, and I suppose I could have asked for a million dollars and received it. But the Academy had provided $150,000, and since the insurance company itself gave us a mortgage, and the bank was providing another loan, so I felt funny about asking him for so much money. So instead, I asked for about $350,000. Germeshausen and Edgerton split the donation. Their attorney, however, made them give it to us as a loan because he was worried that the Internal Revenue Service would not consider us a charitable organization. As a business loan, however, they could write it off even it was a bad loan. So they provided us the money as a loan although they never had any intention for us to pay back the money. And we never did. But this was their first contribution to get the school going. Germeshausen told me to first get the law school going, and then to worry about developing the specialty areas. He also told me to keep the PTC going in order to determine if it was possible to attract engineers.

It was only recently that the faculty recognized what I was doing. Up until this time, they thought that I was involved in the mumbling and the jumbling of some crazy thing called patents. The faculty thought that these patents didnít mean a damn, even though they knew about the PTC and understood that people traveled from Europe to attend these meetings. The faculty would never come to any of the meetings. We ultimately made Bob Shaw Director of the PTC. Frankly, I was losing interest because nobody else seemed interested in intellectual property, not even Bob Viles. Germeshausen sensed this too. He did not want to give money to the institution until he could see Viles pull it off. Therefore, I began to try to impress on Viles the importance of intellectual property. I began having Viles meet Germeshausen, as it was necessary for us to make the commitment that this institution existed for law, science and technology. We needed to mean it if we were going to have money to pay for the faculty, and not just poor boy the situation.

At this time, I started receiving funds from other people such as Tom Lloyd and Lloyd Labs. This money was given, however, only because of the schoolís specialty in law and technology. The handwriting was already on the wall that nobody would give a nickel to the law school. I began to think that Viles could help me intrigue Germeshausen into contributing money to the school. I drew up the predecessor of the bulletin that you have and I had my office type it. I left off the name of the individual and the name of the professorship. Viles attended my first luncheon with Germeshausen. But during a second luncheon, I met with him alone. While we were sitting down, I wrote in the name Kenneth J. Germeshausen and David Rines and the Boles scholarship. He took the bulletin back and made a few suggestions. He said that we should try to raise over $1 million dollars, and offered to contribute a quarter of a million. By that time I was at the top of my head trying to interest people in this institution in order to receive fund raising. I asked Bob Bass, Viles, and Leo Beranek, an old colleague who founded BBN, for help. We brought Germeshausen over and we all worked at having him give us more money. We pointed out that he contributes a large amount of money to MIT, but that patent lawyers such as my father helped make EG&G possible. I explained to him the importance of putting more patent lawyers into the system. Since we are not going to get them out of Harvard Law School, we needed to encourage people with technical backgrounds to become interested in this field. With all of their help, I got my million dollars. Then to put it over a million dollars, I wrote to Edgerton and told him that we were a quarter of a million shy of meeting our goal. Within two days I had a check for a quarter of a million dollars.

Germeshausen donated money because he really became convinced that the system needed some place where intellectual property would be really able to function. There was the chance that every few years, we could get one or two lawyers to really be of service. So that is the background of the brochure. Since then, we have been doing small programs. For example, Bob Shaw has helped Dartmouth with some of their patents and I was working with Carnegie-Mellon, MIT, and at Harvard. We have had students work on these projects. We integrated these programs at our sister universities into the Germeshausen Center as part of our pitch to receive further contributions. Yet we never got a single corporation to give five cents to the Germeshausen Center. It all came from Germeshausen and Edgerton, who trusted me to make it happen.

IX. Looking Ahead: The Future of Franklin Pierce Law Center

Now we are examining everything, and I'm working very hard on how to leave this institution with a succession that will survive both Bob Vileís and my absence. We are considering how to integrate the PTC, as we shouldnít have so many different organizations. We are trying to figure out not only how to do integrate, but how to make it effective. The MIT program was merely an extension of what I was doing in the second and third years of this law school. I had some people from the Max Planck Institute here for a month, people from P.C. Strassbourg. We even sent some of our students to Strassbourg to learn European. It was very exciting. We had exchanges going on and this place was becoming a hot bed. But the exchanges were mainly between myself and a handful of students, which eventually became disappointing. Having made that commitment I wasn't going to interfere with faculty programs, we just had to do it outside the law school. Everything became as a stepchild. For example, when Bob Shaw came aboard, he was really a member of the faculty, yet we had to pay for him out of PTC funds. I will never forget this. Now it's a whole new atmosphere. Now there is total recognition in the program. I was trying to get computers here in 1975. And if you look back in IDEA, we were organizing Harvard and everybody else to start computerizing their libraries and common codes. But I received zero support and so I got quite disillusioned. I saw the way out with Homer Blair. Homer would have never been hired if I hadn't brought him here and offered him the job. Homer was important in giving the program creditability with the faculty members. This was very important, and for which I am grateful to him for. He was able to participate in faculty meetings and take strong positions, which I had agreed not to do. So it was a whole new era and we had him re-invent the wheel.

Today we have a lot of thinking and planning to do. We now have a great deal of excitement. We have a team . We have hands. Before I leave I want to be sure that we have the program structured so it can survive and it will flow. We do have a fantastic reputation. We are doing good things and we can always improve our quality. We need to get new people aboard. We also need to get the funding for it. I have a feeling that Germeshausen will be very pleased. As a result of my trip China in 1985, we are getting commitments from different companies to send people over here. Homer Blair followed up and created some courses. We started the Pilot Program. And later we were able to take a graduate of ours, Hennessey, and involve him as Homer Blair's assistant. But the program must always be critiqued and quality must continually be improved.

X. Germeshausen & Rineís Search for Loch Ness

When I was getting a lot of publicity on Loch Ness, Andy Rooney thought that he was going to expose a big fraud. I remember he came unannounced to our apartment in Harbor Towers with his cameramen from 60 Minutes. They said they had an appointment and were let into our apartment. When I got home, Rooney had big sheets of paper and it was quite evident he was planning on exposing me. But when he entered the apartment, he began to see some of the Chinese objects on the wall, and he began to wonder. When I heard that he was at the apartment, I called Charlie Wicoff, Needlemen, and Germeshausen. I explained to them that somebody was in my apartment didnít think we were real. I asked them to pop over. Germeshausen told me that he would come over later if I still needed him. However, he was never needed because the minute Wifcoff came in, he started talking to the CBS cameraman. They had both worked on the Kennedy assassination pictures as the experts in analysis. Then I asked Andy Rooney to do me the favor of saying hello to Mike Wallace. I told him that we used to play fiddle together in Brookline and that our mothers were close friends. All of a sudden, Andy Rooneyís face got like a color of a beet and he changed his position so that he couldnít be seen. He broke up in welts. When he started reading the script, he said "Do I call you Dr.?" I told him that Bob Rines was fine. Then he asked whether I believed in flying saucers. I replied that I didnít know anything about flying saucers, and that I thought he came over to talk about Loch Ness. He continued reading from his script, but pretty soon he took the sheet of papers and threw them on the floor. Instead he sat and we had a good talk. After the interview was over, he said that he wasnít sure whether Loch Ness Monster was real, but he knew I was real.

Germeshausen was always upset that I didnít go after the Loch Ness thing the right way. "Look," he said, "you are using tinker toy equipment, why don't you go after the Navy?" I explained to him that because I didnít know anybody in the Navy and I didnít have credibility with them. I asked him whether he was willing to do the research through EG& G, but it never quite happened. They did, however, loan us a lot of equipment. Of course, Edgerton was in charge of most of things on this side. He would have tackled it. I probably made a terrible mistake because if I had stepped down and merely intrigued Germeshausen into tackling the search, it might have been long since over. He was always extremely interested in it.

Germeshausen has been nothing but a booster to everything we have ever done. Without him it would have been terribly hard. That is the good friendship that we've had. We have still never given out a Boles scholarship. Some day it will be appropriate to do a Boles Scholarship. He was the glue of EG&G. They left a great legacy.

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