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Aviation History
2002
2002 - 2771.PDF
BUSINESS LEGAL ACTION GUY NORRIS / ORLANDO TAWS patent dispute intensifies Universal Avionics taking lead as fellow defendants in Honeywell patent infringement action consider own countersuits The legal battle between Honey well and other terrain awareness and warning systems (TAWS) man ufacturers over alleged patent infringements is escalating, with the defendants launching or con sidering a string of countersuits. Universal Avionics Systems has filed a countersuit against Honey well, while other TAWS manufac turers, sued by Honeywell over alleged patent infringements, may follow Universal's lead. Honeywell originally filed patent infringement suits on 10 May against three TAWS makers: Goodrich Avionics Systems, Sandel Avionics and Universal. On 6 August Honeywell added ACSS, a joint L-3 Communications and Thales company, to the list of alleged offenders. Honeywell believes the other companies have violated one or more of five patents it says it holds on the technology which it developed, as AlliedSignal, in the 1990s as the Enhanced Ground Proximity Warning System (EGPWS). Honeywell says it has spent "millions of dollars to develop its EGPWS, which has saved thou sands of lives since its introduction in 1996". The patents at issue "pro tect proprietary technology from that investment", it says. Universal filed counterclaims against Honeywell on 9 September, claiming Honeywell is "attempting to monopolise the market" for TAWS, and that it has engaged in unfair competition. Universal alleges Honeywell has brought its patent infringement claims in "bad faith, knowing that its patents are invalid", but also that it "engaged in sham lobbying of the Federal Aviation Administration and European Commission". It also alleges Honeywell has "been intim idating Universal's customers". Honeywell rejects Universale claims as "merely baseless attempts to evade the central issues in our patent infringement lawsuit". It adds that it has investigated the validity of each of the five patents cited in the lawsuit and is confi dent all are valid. "We have also evaluated Universale product and feel similarly confident that those products infringe our patents." ACSS says its TAWS technology is derived from a Thales terrain- following system developed for Dassault's Mirage 2000N strike air craft that pre-dates the EGPWS. "Honeywell's action is groundless and without merit," adds the com pany, which is believed to be con sidering a countersuit. Sandel Avionics says it will con tinue to supply the market despite Honeywell's action. "We're taking steps to defend the lawsuit which we think is baseless," adds com pany president Gerry Block. • Bombardier has appointed Daniel Maiden as managing director of its Flexjet Europe fractional ownership arm. Maiden was formerly commer cial director of Flexjet Europe. • Steve Page has returned as chief financial officer of United Technologies, which owns Sikorsky and Pratt & Whitney. Page, who previously held the post from 1993 to 1997, will replace Dave FitzPatrick. who has resigned, until his retirement in 2004. • Dr Robert Del Boca has been named vice-president of infrared countermeasures and laser systems for Northrop Grumman Electronic Systems. Del Boca was formerly president of the laser systems division. • Several senior executives have resigned from Sabena suc cessor SN Brussels Airline, reportedly because of disagree ments with chief executive Peter Davies. Chief of marketing Daniel Schurmans and chief pilot Yves Lootens, both ex- Sabena, have left the airline. Chief operating officer Johan Vanneste has also resigned. Operations will now report to Davies, who joined the airline in May from DHL. BILATERAL NEGOTIATIONS USA rejects UK mini-deal to open up Heathrow as 'unacceptable' A move by the UK to open negotia tions on a new deal for transat lantic air transport was rejected as unacceptable by the US govern ment last week. Last month the UK Department for Transport (DfT) proposed a "mini-deal" which would open up London Heathrow airport to more airlines and relax Fifth Freedom limits on US carriers in Europe and UK carriers on US-Caribbean routes Flight International, 20-26 August). At present, only American Airlines, British Airways, United Airlines and Virgin Atlantic can operate transatlantic routes out of Heathrow. "After consultation with the air lines, airports and labour we decided the UK proposal did not serve as the basis for bilateral nego tiations. We continue to believe open skies offers the best environ ment," says the US Department of Transportation. "Both sides are considering what to do next," says the DfT. But a deal would only be acceptable "if the USA moves on its restrictive prac tices in the domestic market and on the Fly America policy, and that is not negotiable", it adds. But the USA shows no sign of shifting on the UK demand for cabotage access to the US domestic market. "We can't negotiate as there is a statu tory ban on it," adds the DoT. US carriers dismissed the UK proposal. "We are disappointed that BA is one of only four carriers currently fly ing transatlantic routes out of Heathrow the UK government, backed by entrenched British Airways and Virgin Atlantic, refuses to fully lib eralise the US-UK market," says Michael Whitaker, United vice- president of international and reg ulatory affairs. This was echoed by Continental, which has no access to London Heathrow and ques tioned the value of the UK mini-deal offer. "Offering rights to fly to Heathrow without slots is of no bene fit," says the carrier. Events may soon over take both sides - a Euro pean Court of Justice ruling is expected before year-end which could cede the UK's negotiating power to the European Union. In that case, a new EU-USA deal would be needed, but could take up to eight years to draw up. Airlines such as BMI British Midland, shut out of the Heathrow trans atlantic market, would like to see an interim deal allowing them access before the EU negotiations. www.fliqhtinternational.com FLIGHT INTERNATIONAL 17-23 SEPTEMBER 2002 23
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