Patent Litigation Matters for Aviation Clients

King & Spalding has represented clients in the aviation industry in patent litigation matters involving such complex technology as weather detection sensors; the development and use of mobile boarding passes; wireless cockpit functionality; jet engine cleaning systems; the use of WIFI and inflight entertainment on an aircraft; the conversion of loyalty reward miles; and website functionality involving reservations systems and other internal technical applications that are integrated with the client’s overall computer infrastructure systems. Representative matters include:

• Defending Delta Air Lines in a patent infringement lawsuit filed by Sound View Innovations LLC in the District of Delaware. Sound View asserted four patents directed to high-performing computing functionality focused directly on several critical Delta internal analytic projects related to flight operations and improving customer relations. The King & Spalding team aggressively defended Delta’s interests – firmly establishing non-infringement and invalidity defenses, as well as developing an original inequitable conduct defense directed to one of Sound View’s most critical and important patents from the portfolio. The team also challenged several unreasonable positions Sound View took during discovery, successfully winning and obtaining important court orders placing even more pressure on Sound View as the case progressed through fact discovery and leading up to expert reports. The team convinced Sound View that there was no reasonable infringement basis for each of the asserted patents, and that in all events Delta did not face any significant potential damages exposure. Delta was able to accomplish dismissal without a license while no other company was able to achieve that result.
• Serving as lead counsel for the defendant, Certified Aviation Services, LLC, in a patent infringement matter between competitors in the aircraft engine wash industry. The patents involve specific features and technical measurements for use of atomized spray, and also directed to the technical features and use of the system for detecting engine type utilizing specific detection related technology.
• Representing JetBlue Airways in the Eastern District of Texas in a matter related to systems and methods of presenting information about an object on a portable electronic device, such as QR Codes.
• Serving as lead counsel for American Airlines, United Airlines, Delta Airlines, US Airways, and Frontier Airlines against Loyalty Conversion Systems Corporation in a patent infringement case filed in the Eastern District of Texas. The technology included converting loyalty points into other forms of credits and/or currency for purchase of good and/or services. We successfully argued that the claims covered unpatentable subject matter under 35 USC 101 and won judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). In addition, we filed two Covered Business Method Patent Review Petitions that were instituted on 101 grounds.
• Serving as lead counsel defending Delta Air Lines and US Airways in the District of Delaware. Aeritas LLC filed multiple actions in District of Delaware alleging infringement of the use of an electronic mobile boarding pass to gain entry on a flight.
• Representing Delta Air Lines against Walker Digital LLC. Walker Digital filed its complaint against ten defendants (which includes American Airlines, Amazon.com, Best Buy Co., Dell, Inc., and Sony Electronics) in the United States District Court for the District of Delaware asserting infringement of U.S. Patent Nos. 6,138,105 and 6,601,036. The Asserted Patents are directed to systems and methods for managing the sale of a group of products using sales performance data and/or inventory data of the products included in the group.
• Defending United Airlines, U.S. Airways and Air Canada in multiple actions filed in the District of Delaware by CyberFone Systems LLC alleging infringement of form transactions that transmit data from a form presented to a user, including customer travel managements systems, which allegedly includes kiosks and network services platform.
• Representing United Airlines and NCR Corporation in a patent infringement suit in the United States District Court for the Eastern District of Texas relating to contact center system software for handling multiple media types.
• Defending United Airlines in patent infringement case where MacroSolve has alleged that United's use of a mobile services network platform and corresponding data processing systems, and, in particular, the mobile application "United Airlines Mobile app" of infringing one or more claims of the '816 patent.