Says Smaller Company Appropriated ADS-B Technology

Garmin has filed a patent infringement lawsuit against uAvionix, saying the smaller company has taken its ADS-B technology without its permission.

The patent in question is referred to as the '301 patent. According to court documents, uAvionix and Garmin entered into talks related to drones. But the filing by Garmin alleges that uAvionix had taken its ADS-B technology without permission.

At the same time, Garmin is well-known as a 600-pound Gorilla that knows how to throw its weight around and has been accused of being an industry bully for years... it's up to the courts to decide whether Garmin is playing aggrieved party or bully.

"Garmin sought to resolve this dispute without resorting to litigation and informed uAvionix of the '301 Patent. Over the course of a number of months Garmin repeatedly asked for an explanation from uAvionix as to why its products did not infringe Garmin’s ‘301 Patent," the filing states.

"uAvionix dragged its feet, hid its true intentions from Garmin, and wrongly contended it designed around the ‘301 Patent. Despite Garmin’s repeated requests, uAvionix refused to share its purported new design. Eventually, Garmin purchased its own uAvionix “redesigned” product to determine for itself whether uAvionix had actually made any changes.

"Despite its assurances, it had not. uAvionix’s disregard of Garmin’s patent rights left it with no other recourse but to file this lawsuit."

Garmin was awarded the '301 Patent on January 24, 2012.

According to Garmin, uAvionix uses its technology in the EchoUAT and skyBeacon products. Garmin claims that the skyBeacon infringes on at least Claim 6 of the '301 Patent.

Garmin is seeking a preliminary injunction enjoining uAvionix, its officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert or privity therewith from infringing the ’301 Patent, and a permanent injunction enjoining uAvionix, its officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert or privity therewith from infringing the ’301 Patent.

Garmin also seeks a judgment for all damages suffered as a result of uAvionix’s infringement and an order that uAvionix account for and pay to Garmin the damages resulting from uAvionix’s infringement of the ’301 Patent, including lost profits, costs and expenses, together with pre-judgment and postjudgment interest thereon, and all other damages permitted pursuant to 35 U.S.C. § 284, including enhanced damages up to three times the amount of damages found or measured and costs, and in any event an amount no less than a reasonable royalty.

FMI: Court Document