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Faro
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Patent Cross-Licencing Agreement Between A & B?

Sat Jul 25, 2009 9:46 am

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
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tdscanuck
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RE: Patent Cross-Licencing Agreement Between A & B?

Sat Jul 25, 2009 3:09 pm



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.
 
474218
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RE: Patent Cross-Licencing Agreement Between A & B?

Sat Jul 25, 2009 3:45 pm



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.
 
Cubsrule
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RE: Patent Cross-Licencing Agreement Between A & B?

Sat Jul 25, 2009 6:07 pm



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.
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Faro
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RE: Patent Cross-Licencing Agreement Between A & B

Sun Jul 26, 2009 9:57 am

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]
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