Big patent drama in little business: flight planning software vendor
FlightPrep has succeeded in
bullying free website RunwayFinder offline with a
patent lawsuit. It’s not much different from all the other software
patent nonsense that goes on, but what makes it poignant is it’s in the
small world of general aviation where we’re all supposed to be friends
and where no one is making much money.
What follows is my opinion. I’m not a lawyer nor an expert in patent
law. I do understand something about software design, though. If this
patent affects you, please seek appropriate legal counsel, don’t take
my word for it.
Long story short, FlightPrep got a flight planning patent a few
months ago and started going after every other online flight planning
service. They convinced SkyVector to
license, FlyAGoGo shut down,
and they sued
RunwayFinder claiming $3.2
million / month in damages. RunwayFinder would be lucky if it makes
$500 / month in advertising and seems to be a hobby project for its
founder. Rather than risk the lawsuit hanging over him, he shut
down.
The lawsuit is over patent
7,640,098, a flight planning patent that was originally filed in
2001. It’s a divisional
patent that had a lot of trouble being issued, the actual claims
that were granted seem to come from September, 2005. There’s lots of
prior art: RunwayFinder itself launched in July, 2005 (see also August,
2005). There’s older prior art too, FalconView and AeroPlanner are two names that
come up.
The patent itself is very specific and I think most software would
not infringe. For instance, the primary claims (1, 11, and 21) all
contain specific language about “housekeeping frames,” but who uses
frames to do anything? The patent also describes lots of other
implementation details that do not seem necessary or even a good idea.
FlightPrep themselves makes very broad
descriptions of what they own, but it’s not what the patent
says.
Finally, as is typical with software patents, most of the claims
granted seem obvious to someone with ordinary skill in the art. The
patent appears to me to boil down to “draw some lines between points on a map”. It’s
hardly novel to apply line-drawing to aviation maps in particular.
RunwayFinder itself was very nicely done, but basically was the obvious
“Google Maps for aviation” implementation.
Of course none of this armchair analysis helps RunwayFinder;
once a patent is granted, you need an expensive lawyer to challenge it.
What puzzles me is what FlightPrep thought they’d gain by forcing a
small free site offline. My guess is they’re bolstering their patent
before going after Jeppesen, the only flight
planning company making real money. Then again Jepp can afford
lawyers.
Update: nailed it! FlightPrep did go after
Jeppesen and AOPA, and Jeppesen has responded by telling FlightPrep
to
take
a hike.
Update 2: this story is
getting
some play
and some of the commentary has been quite hostile towards FlightPrep
and Stenbock & Everson, the plaintiffs in the patent suit. While
I’m upset about what’s happened to RunwayFinder too, I think it’s wiser to
speak respectfully of our colleagues in aviation software. I am hopeful
they will see how fruitless pursuing these patent claims will be, undo
the damage they’ve done, and go back to concentrating on making products
for pilots.
Update 4: I’m about to leave on a 3 week flying
trip and can’t stay on top of this story. No more updates. I expect things to
quiet down, but this story isn’t really over until Dave is free of the lawsuit and
can bring RunwayFinder back online.
Update 2011-03-29: After three months offline RunwayFinder is back online with the statement “sat down with FlightPrep and FlightPrep agreed to dismiss the lawsuit! The exact details of the settlement license are confidential.”
Update 2012-05-13: FlightPrep
sued Jeppesen
in late 2011. Also RunwayFinder shut down in 2011; I don’t think it ever really
recovered from the discouragement.