ATP and Avantext Settle Litigation
Aircraft Technical Publishers (ATP) and Avantext announced an amicable settlement of all federal litigation between the two companies. As part of the settlement, Avantext has agreed to have a judgment entered stating ATP’s patents are valid and enforceable. In return, ATP has granted Avantext a non-exclusive license to ATP’s patent portfolio for an undisclosed sum of money. The patent infringement suit was filed last July. According to court documents, ATP claimed to be the owner by assignment of U.S. Patent No. 5,987,474 issued Nov. 16, 1999, to Michael Sandifer. The relationship between Sandifer and ATP is unclear and ATP would not comment on the issue. ATP alleged that Avantext was infringing on the patent with its AD Basic Library, AD Small Aircraft Library, AD Large Aircraft Library and Complete AD Library and associated software. In the suit ATP alleged that Avantext had “actual or constructive knowledge” of the patent but continued to use, manufacture or sell the infringing products. The suit further alleged that two Texas FBOs–Longview-based Maxwell Aviation Services and Athens-based Dyson–were also infringing on the patent by “using and otherwise exploiting” the infringing products. ATP filed suit seeking a preliminary and permanent injunction enjoining defendants from further infringement, compensatory damages and other costs incurred. Jeff Seiler, ATP’s director of marketing, told AIN the company is not allowed to discuss the suit under the terms of the settlement. Kurt Schoenkopf, president of Avantext, also declined to comment.