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Patent Cross-Licencing Agreement Between A & B?  
User currently offlineFaro From Egypt, joined Aug 2007, 1533 posts, RR: 0
Posted (4 years 11 months 3 weeks 18 hours ago) and read 2265 times:

Is there a general patent cross-licencing agreement between Airbus and Boeing?

As an example, US Patent N° 7,564,374 was granted 4 days ago to a Mr Winkler and covers a "method and device" for representing to the pilots an aircraft's progress in the vertical plane along its flightpath in a dedicated display window within a screen. This patent is assigned to Airbus; details can be accessed by typing the patent N° in the USPTO's search page here:

http://patft.uspto.gov/netahtml/PTO/srchnum.htm

IIRC, this display technology will also feature on the 787 so that B will have to pay royalties to A to use it.

There must be a multitude of other such patents held by A and licenced to B and vice versa. Would they be governed by some sort of master cross-licencing agreement?

Faro


The chalice not my son
4 replies: All unread, jump to last
 
User currently offlineTdscanuck From Canada, joined Jan 2006, 12709 posts, RR: 80
Reply 1, posted (4 years 11 months 3 weeks 13 hours ago) and read 2233 times:



Quoting Faro (Thread starter):
IIRC, this display technology will also feature on the 787 so that B will have to pay royalties to A to use it.

Only if B's use of the idea infringes on A's patent.

Tom.


User currently offline474218 From United States of America, joined Oct 2005, 6340 posts, RR: 9
Reply 2, posted (4 years 11 months 3 weeks 12 hours ago) and read 2224 times:



Quoting Faro (Thread starter):
Would they be governed by some sort of master cross-licencing agreement?



Quoting Tdscanuck (Reply 1):
Only if B's use of the idea infringes on A's patent.

You can't patent the concept.

Therefore changes to the operating system and hardware, prevents patent infringement.


User currently offlineCubsrule From United States of America, joined May 2004, 22680 posts, RR: 20
Reply 3, posted (4 years 11 months 3 weeks 10 hours ago) and read 2202 times:



Quoting 474218 (Reply 2):
Therefore changes to the operating system and hardware, prevents patent infringement.

Not necessarily-- if the changes are too subtle, you might still infringe under the doctrine of equivalents.

Quoting Faro (Thread starter):
Would they be governed by some sort of master cross-licencing agreement?

That's a pretty company-dependent question. My sense - and while I have some experience with patent law, I don't have any with the aerospace industry - is that when you have a situation like this, where 2 companies probably use many of each other's patents, there's less exchange of money than you might expect because it all comes out in the wash.



I can't decide whether I miss the tulip or the bowling shoe more
User currently offlineFaro From Egypt, joined Aug 2007, 1533 posts, RR: 0
Reply 4, posted (4 years 11 months 2 weeks 6 days 18 hours ago) and read 2141 times:

Quoting 474218 (Reply 2):
Quoting Faro (Thread starter):
Would they be governed by some sort of master cross-licencing agreement?



Quoting Tdscanuck (Reply 1):
Only if B's use of the idea infringes on A's patent.

You can't patent the concept.

Therefore changes to the operating system and hardware, prevents patent infringement.

The USPTO has granted the defiitive patent, so one would presume that it does not cover a concept. The summary abstract is also pretty clear; from the little I have seen of the 787's (prototype?) EFIS display in this regard, I can't see how B could avoid having to use it, but then I'm not an expert in the field.

This is just one isolated case mind you, in the overall cross-patenting arrangements between B & A, one would in fact expect B to come out the net patent "creditor" due to its substantial defence and space (and IT?) activities compared to A. Any net monetary exchange of royalties would most likely be in B's favour; the actual amount may not be as significant as one would imagine as outlined above.

Faro

[Edited 2009-07-26 03:02:06]


The chalice not my son
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