Eurocopter (Société par actions simplifiée) v. Bell Helicopter Textron Canada Limitée, 2012 FC 113). The action was in respect to Eurocopter’s 787 Patent which covers a helicopter landing gear design, an embodiment of which Eurocopter implemented on its EC120 and EC130 models. In 2004, Bell Helicopter began the development of a new landing gear for its Bell 429 helicopter, the legacy landing gear. In 2008, Eurocopter launched an action against Bell Helicopter alleging infringement of its 787 patent. Bell Helicopter denied infringement and attacked the validity of Eurocopter’s patent. After the institution of the proceedings, Bell Helicopter immediately redesigned the landing gear for its model 429 helicopter, resulting in Bell’s production landing gear, which was then certified for use on the 429 helicopter and sold to customers. Bell Helicopter quarantined the 21 legacy landing gears it had previously used and which were never certified for sale, pending the outcome of the litigation. Eurocopter subsequently amended its action to allege that Bell Helicopter’s production landing gear also infringed the 787 Patent.In a 150-page decision, the Court ruled that 15 of the 16 claims of the 787 Patent were invalid while affirming the validity of the one remaining claim. The Court ruled… Read full this story
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