Sat, Nov 01, 2003
In a statement issued
by Sandel Avionics, ANN has learned that a summary judgment
issued by the US District Court in Delaware has ruled that
Sandel does not infringe on any of Honeywell's
Terrain Avoidance Warning System (TAWS) patents, ending more than
17 months of legal action by Honeywell.
Two weeks ago, the same court ruled that more than 20 of
Honeywell's other claims relating to the display elements of the
same patents were invalid.
Together, the rulings confirm that
Sandel is not subject to liability for infringement and faces no
risk of damages or injunction due to Honeywell's action. Commenting
on the decision rendered by Judge Mary Pat Thynge, Sandel CEO Gerry
Block said, "This is absolutely a huge win. My firm belief has
always been that Sandel's independently developed technology was
unique and innovative, and did not infringe any of Honeywell's
patents. This ruling confirms that, and also ensures that aviation
customers will have the choice of a better way to display terrain
and safety data."
In a reversal of roles, Sandel is now taking Honeywell to trial
on the issue of whether Honeywell's remaining patents are actually
valid. In addition, Sandel expects to seek an award of attorney's
fees from the U.S. District Court based on Honeywell's action, as
well as on its misconduct in continuing to press claims that it
knew to be without merit.
Honeywell Inc. and Honeywell Intellectual Properties Inc.,
Honeywell's patent holding company, had alleged that Sandel
Avionics Inc. and several other companies infringed Honeywell's
patents relating to its Enhanced Ground Proximity Warning System
(EGPWS), Honeywell's version of TAWS. Honeywell filed the case in
May 2002, just days after Sandel announced the FAA certification of
its ST3400 Terrain Awareness and Warning System (TAWS).
The FAA had earlier issued a mandate requiring most turbine
aircraft to install an FAA certified TAWS by 2005. Honeywell, which
had assisted the FAA in preparing the TAWS regulations,
subsequently sued a number of other TAWS manufacturers, claiming it
held five patents that effectively precluded competition in the
TAWS market.
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