Airbus seeks to invalidate Aviation Partners’ Blended Winglets patent

API-patented Blended Winglets. Courtesy, API.

Airbus has filed a lawsuit against Boeing affiliate Aviation Partners (API), seeking to invalidate API’s patent on Blended Winglets.

The lawsuit, filed in the US District Court for the Western District of Texas, claims that “in written and oral communications with Airbus, API has stated repeatedly … that Airbus’ winglet design falls within the claims of the [Blended Winglets] Patent, and that Airbus must therefore pay API a royalty for its allegedly infringing design. Airbus denies these allegations.”

According to the document, Airbus requests the court declare the infringement claims invalid, declare the API patent invalid, and award Airbus “such other and further relief as to which it may be entitled.”

“These allegations of infringement and demands for a royalty … are a significant hindrance to Airbus and, without an early resolution, place Airbus at a competitive disadvantage,” the aircraft manufacturer said in its filing, adding, “For decades, Airbus has been developing and marketing wing tip devices that reduce drag and improve aircraft performance for various Airbus aircraft.”

In response, API founder and CEO Joe Clark said his company was “surprised” by the lawsuit: “We have built and flown patented Blended Winglets on the Airbus A320 in Toulouse.  We have flown them on one of JetBlue's A320s using JetBlue flight crews with excellent results achieved—a 5% fuel savings—all of this with the cooperation of Airbus. What I can tell you is that we will vigorously protect our patented technology and intellectual property.”

According to API, its blended winglets have been outfitted on over 4,800 in-service aircraft. Its Blended Winglet patent was filed in 1993, and issued by the US Patent and Trademark Office in 1994.