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Correction And Clarification

AVweb Flash - October 2013
A story that appeared in the Oct. 6 edition of AVwebFlash incorrectly stated that SD Holdings LLC owns FlightPrep. FlightPrep was dissolved in 2012 and a new company, FlightPrep Inc., established in 2012. FlightPrep Inc., is in fact owned by Ross Neher, the general manager and vice president of the former FlightPrep. AVweb interviewed Neher in is former capacity in 2010. AVweb apologizes for the error.

AOPA Responds To Patent Suit

AVweb Flash - October 2013
As expected, AOPA has filed a detailed defense of its FlyQ online flight planning tool against a $66 million patent infringement suit launched July 29 by SD Holdings LLC, a Washington State company that holds two patents concerning online travel and flight planning services. AOPA asked the U.S. District Court in Portland, OR for dismissal of the suit or, alternatively, to have the case moved to Maryland, where it is based.

AOPA To Respond To Patent Suit (Corrected)

AVweb Flash - October 2013
AOPA says it will file its formal response Monday to a $66 million patent infringement suit launched by SD Holdings LLC, the company that owns FlightPrep, a Washington company that produces electronic flight bags, navigation hardware and software and offers an online flight planning tool by subscription. As we reported extensively in 2010 and 2011, FlightPrep was awarded two patents for its online systems, one for "generating travel plans on the Internet" and another for "generating computer flight plans on the Internet.

NavMonster Closed

AVweb Flash - May 2012
NavMonster, a popular free online GA flight planning and information site, is the latest to announce that uncertainty about future costs and potential lawsuits have forced its closure. The site went offline in April over a dispute with its server host but said it would be back after it found a new internet service provider. On May 22, the site announced that past issues with FlightPrep and future costs from the FAA combined to seal its fate.

RunwayFinder Closing

AVweb Flash - February 2012
RunwayFinder, the chart and airport information website that was embroiled in legal action with FlightPrep a year ago, is closing. In a statement, owner Dave Parsons said the decision was made partly because of the FAA's intention to charge fees for chart downloads through its online charting division AeroNav. "While I understand AeroNav's need to re-capture costs, the new chart fees along with other licensing fees will put RunwayFinder firmly into the red," Parsons wrote. He said the money issues might have been overcome but there is also a lot of work that needs to be done to update the service. "I've had many people suggest alternatives, but unfortunately there is no way to keep it going (for reasons I can't disclose)," he wrote. The non-disclosure is likely a reference to an agreement he signed with FlightPrep last March that settled a well-publicized lawsuit over alleged patent infringement by RunwayFinder.

RunwayFinder, FlightPrep Settle Lawsuit

AVweb Flash - March 2011
RunwayFinder owner Dave Parsons says he'll return contributions made to a legal defense fund now that he and the owners of FlightPrep have settled a patent infringement lawsuit out of court. He's also clearly signed a confidentiality agreement with FlightPrep, which was the flashpoint in his well-publicized battle against the suit, launched by FlightPrep late last year. "Sorry, but I can't comment," he said in response to an AVweb e-mail inquiry about the settlement Tuesday. "I will say that if anybody feels upset by the outcome, I'm refunding donations by request." As we extensively reported in December and January, RunwayFinder was initially determined to fight the infringement suit and try to dismantle the patent itself. The lawsuit has now gone away but the status of RunwayFinder's application to the Patent Office to revisit the patent is not clear. FlightPrep did not respond to our request for comment by our deadline.

FlightPrep/RunwayFinder Dispute Continues

AVweb Flash - February 2011
The legal dispute between FlightPrep and RunwayFinder over the latter's alleged patent infringement continues to move forward but there have been a couple of twists and turns. According to the most recent post to RunwayFinder's website, owner Dave Parsons has filed a dismissal notice in the Oregon court where the suit was launched, alleging the suit should have been filed in Washington, where FlightPrep is based. FlightPrep can fight the dismissal notice and even if it is upheld the suit can simply be relaunched in Washington. No timeline was given for that bit of legal wrangling but the lawsuit itself is considered a short-term issue. RunwayFinder has also started work on an attempt to dismantle, or significantly restrict, the patent itself.

AVmail: January 10, 2011

AVweb Features - January 2011
Letter of the Week: A Brief History of Flight PlanningI've read with considerable interest on this and other sites about the FlightPrep patent enforcement efforts and some concerns that have been expressed by the flying community. I'm not quite sure I understand what all the fuss is about ... ....FlightPrep has said that it is enforcing a legitimate patent to protect its software innovation. I happen to agree. Some in the flying community have argued that FlightPrep's efforts are akin to trying patent air and are harming the flying community. I respectfully disagree on both counts. First, the notion that Roger Stenbock and Kyle Everson don't have the best interest of the flying community at heart is simply misinformed, in my opinion. Why do I think that? Because of my familiarity with both of these pilots/software developers for more than 23 years....Bottom line: Roger Stenbock and Kyle Everson are both long-time pilots and software developers. They have pioneered huge innovations in the field of computer-based flight planning, and those innovations deserve protection, as all innovations do. Just because some of those innovations seem ubiquitous today doesn't mean they still don't deserve protection. If you invent something new, you have the right to protect that invention under our current patent and copyright system.Just because the Wright Brothers patented the airplane doesn't mean we all can't fly one. Just because Alexander Graham Bell invented the telephone doesn't mean we can't use one. Just because Stenbock and Everson developed the first online flight planner doesn't mean we can't use that either....Bill SeithClick through to read the rest of this letter — and others from AVweb readers.

FlightPrep Responds

AVweb Insider - January 2011
FlightPrep's enforcement of its patent on online flight planning has created a lot of discussion. AVweb had some questions we felt went unanswered. Here's FlightPrep's response.

NavMonster Cuts Deal With FlightPrep

AVweb Flash - January 2011
The FlightPrep patent story took another turn Friday when NavMonster.com, which pulled down its popular site about two weeks ago, suddenly announced it had reached a deal with FlightPrep and will relaunch an updated website early in the New Year. "We got all the lawyers and programmers together from both sides, and after some good discussions, an agreement has been reached," NavMonster owner Marc Alexander said in a statement posted on the site. "No more patent infringement worries." It's a significant change in tone from the angry condemnation that appeared on the site two weeks ago when Alexander announced he was pulling the pin.

What Now, FlightPrep?

AVweb Insider - December 2010
FlightPrep isn't just taking on RunwayFinder in its patent enforcement lawsuit. It's taking on the whole aviation community.

"Patent-Free" Flight Planner Offered

AVweb Flash - December 2010
Seattle Avionics says its collaboration with DTC DUAT offers pilots a "patent-free" flight planning service that avoids all the issues raised by the patent awarded FlightPrep for online flight planning. "While it downloads weather and TFR information from the Internet, it is not an Internet-based flight planner, and is not subject to the recently publicized FlightPrep patent," Seattle Avionics said in a Dec. 24 news release. DTC DUAT is using a basic version of Seattle Avionics' Voyager flight planner for the free service it's offering. Seattle Avionics CEO Steve Podrachik said the basic function of Voyager precludes any infringement of FlightPrep's patent. "As we don't make an Internet-based flight planner, we're clearly not subject to it and have not received any letter from FlightPrep," said Podradchik. "But with so many pilots concerned, we wanted to offer all pilots a free flight planning alternative that is clear of all patent issues."

AVmail: December 23, 2010

AVweb Features - December 2010
Letter of the Week: ADS-B a BargainI am tiring of reading about all of the complaints regarding the implementation of ADS-B, funding, and who gets what. The latest blurb in your newsletter about business aviation and [the] airline industry requesting funding from the government to equip their fleet of aircraft is just plain ludicrous. Who better has the funding to equip their fleets than these people? What about the general aviation fleet of all other types of aircraft? I don't hear any loud voices suggesting that the government pay for their equipment also....I have been flying up and down the East Coast with ADS-B for more than six years in my aircraft, and I can tell you that it is the best thing that has come along in a long time, and the weather service and text messages are free also. When has anything like this ever been free for aviation? Perhaps all of the other traffic and weather equipment suppliers do not like this, but too bad. The service and equipment they provide don't hold a candle to ADS-B....Joseph C. BlakaitisClick through to read the full letter — and others.

NavMonster Up For Sale

AVweb Flash - December 2010
NavMonster, a popular flight planning website, has been put up for sale by its owner Mark Alexander because he doesn't want to deal with the patent issues that have arisen surrounding online flight planning. As AVweb has reported extensively, a patent covering general elements of Internet flight planning technology was obtained by Oregon-based FlightPrep a year ago and its efforts to enforce the patent have been controversial. Earlier this month FlightPrep launched a lawsuit against RunwayFinder claiming patent infringement and damages resulting from the infringement. RunwayFinder owner Dave Parsons is considering fighting the suit and trying to invalidate the patent. Alexander has no interest in joining that fight.

FlightPrep in the Left Seat on Patent

AVweb Podcasts - December 2010
FlightPrep's patent on online flight planning isn't perfect, but it doesn't have to be to fend off challenges. IFR editor and Aviation Consumer contributor Jeff Van West spoke with patent attorney and pilot Lionel Lavenue about how patents are generally a good thing and how difficult it might be for those fighting this one to win.

FlightPrep's Patent Could Be Upheld: Patent Attorney

AVweb Flash - December 2010
FlightPrep's online flight planning patent could very well stand up to a court challenge, says pilot and patent attorney Lionel Lavenue. In an exclusive podcast interview with AVweb, Lavenue says the emotion and sentiment being expressed by those angered by FlightPrep's preliminary efforts to enforce the patent mean little in front of a jury. Much of the ire against Flight Prep stems from a feeling that they are attacking the "little guys" and requesting nondisclosure agreements to prevent those involved from talking to the press or each other. Lavenue says Flight Prep's strategy is actually quite normal, and protects the patent holder from an immediate countersuit of "a declaratory judgment of non-infringement." He also says it's common to approach smaller companies first before going after the more powerful entities to see what counter arguments might emerge. "The patent is not without warts," Lavenue said, but he also noted that a jury deciding infringement doesn't need to meet the "beyond a shadow of a doubt" level of certainty. In fact, they only need a "51 percent" certainty -- more sure than not there's an infringement. Major players such as AOPA/Jeppesen, Flight Aware and Fltplan.com have all been contacted by Flight Prep and have all said they don't infringe and will not discuss the issue with Flight Prep. This could come back to haunt them in court, Lavenue said.

RunwayFinder To Fight FlightPrep Patent

AVweb Flash - December 2010
RunwayFinder owner Dave Parsons says he will fight the patent awarded FlightPrep for online flight planning. In a blog post Parsons says he thinks he's found enough holes in the patent to defend his service's technology against it. "I think there is a clear path toward fighting the lawsuit against RunwayFinder, and potentially a way to invalidate their patent," Parsons wrote. He plans to represent himself and he won't have much time to prepare. He must answer the lawsuit filed by FlightPrep by Dec. 28.

Question of the Week: Online Flight Planning

AVweb Flash - December 2010
FlightPrep's online flight planning patent could change the landscape of internet-based flight planning. Would you sit up and take notice if it did? This week, we'd like to know how often you use an online flight planner.Plus: Last week, we asked AVweb readers about the increasing privatization of space travel; click through to see how your fellow readers answered.

Jeppesen, AOPA Say Flight Prep Patent Doesn't Affect Them

AVweb Flash - December 2010
AOPA and Jeppesen, two of the largest players in the online flight planning business, say a patent obtained by FlightPrep doesn't affect their products and they are not willing to discuss it. In a statement released Wednesday, AOPA says it will not meet with FlightPrep to discuss the patent and it will be business as usual for the product it provides. In fact, there's a new version coming out in a few weeks. FlightPrep didn't directly comment on AOPA and Jepp's reaction and had this to say: "FlightPrep has been in contact with Tom Haines and AOPA regarding our patent and online planner technology since 2007. FlightPrep is a small Oregon-based business that is a proud AOPA advertiser, AOPA Summit participant, and our staff are proud members of AOPA as well as AOPA political action supporters." As we reported in Wednesday's AVwebBiz, RunwayFinder, a popular online flight planning site, shut down in the face of a lawsuit from FlightPrep.

RunwayFinder Shuts Down Over Patent

AVweb Flash - December 2010
RunwayFinder, a popular online flight planning website, announced Tuesday that it was shutting down in the face of a lawsuit from FlightPrep, an Oregon company that successfully patented online flight planning almost a year ago. RunwayFinder developer Dave Parsons said he had hoped to reach a licensing deal with FlightPrep which included the dropping of the lawsuit, which claims damages of $3.2 million per month from RunwayFinder. FlightPrep did offer RunwayFinder a temporary free license while it negotiated terms of a permanent one but Parsons said the lawsuit was a deal breaker. He said FlightPrep arrived at the $3.2 million figure by multiplying the number of unique visits his site receives each month (22,500) by the $149 annual subscription cost for FlightPrep's service. FlightPrep calls the resulting $3.2 million "lost revenue." Parsons said FlightPrep wouldn't drop the suit so he's closing the site, which is used by other sites as a source for information for their own products. In a podcast interview with AVweb, FlightPrep Vice President and General Manager Ross Neher said it's not his company's goal to shut down sites or otherwise disrupt aviation services but RunwayFinder ignored written notification of the patent enforcement. He said taking Parsons to court was a last resort and the only option open to his company under the circumstances.