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.

FMI: www.sandel.com