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Lawyer's letter: Toilet invention isn't new

Document found in killer's trunk

December 13, 2006
In a packet, thick with diagrams and research, patent attorney Michael R. McKenna tried to make it clear to Joe Jackson: His idea for a portable toilet for a truck was nothing new.

"I recommend that no patent application be filed. This opinion is based upon our search of the relevant records of the United States Patent and Trademark Office (PTO)," McKenna wrote in a March 2002 document obtained Tuesday by the Chicago Sun-Times.

The 100-plus-page document, which provides dozens of references and accompanying artwork of already-patented similar toilets, was turned over to Jackson four years ago. But in that time, Jackson complained bitterly to family and to his pastor that McKenna stole his idea and stopped taking his calls.

Family members say that fueled his rage, and on Friday an armed Jackson went to McKenna's West Loop office and opened fire, killing McKenna, another attorney as well as another employee there. Jackson was shot to death by police.

In papers retrieved by Jackson's son from the trunk of his father's car, McKenna told Jackson that his idea wasn't likely to earn a patent, but that Jackson was free to use McKenna's research to apply for a patent or look into "licensing options."

"It has been my pleasure to assist you in your initial effort toward patenting your invention," McKenna wrote in the March 2002 document.

He concludes with: "If I may be of further assistance please let me know. I look forward to working with you in the future when the need arises."

Paid $825 fee
The document -- dog-eared and oil-stained -- doesn't indicate whether there was further correspondence or contact between Jackson and McKenna until Friday's deadly shooting.

But at some point, Jackson put his frustration on paper -- accusing McKenna of being immoral and stealing his idea.

"He has destroy [sic] my life," Jackson wrote in the sometimes rambling note.

His pastor, the Rev. C.L. Sparks, of the New Pleasant Valley International Cathedral on the West Side, has reiterated Jackson's concerns in recent days, saying he believed Jackson paid $5,000 for work to be done on the patent.

But the McKenna family said Jackson paid an $825 fee; a receipt provided by Sparks shows the same amount, although it's unclear whether that was the only receipt for service.

In a written statement issued this week, the McKenna family said: "The only people who were cheated are the survivors of the victims."

asweeney@suntimes.com

ldonovan@suntimes.com