Rolls-Royce presses ahead with US patent infringement claim

Rolls-Royce’s decision to file a complaint alleging infringement of its swept fan blade patent by United Technologies Corporation (UTC) - owner of jet engine giant, Pratt & Whitney – highlights the importance of being prepared to police inventions around the world, according to Withers & Rogers LLP.  This technology is critical to the latest generation of quiet, fuel efficient turbofan engines.

The complaint specifically alleges that the fan stages on the Engine Alliance GP7200 engine and on UTC’s PW1000G engine (also known as the Geared Turbofan) infringe the Rolls-Royce patent. The complaint also alleges that a number of other UTC aero civil engines infringe the Rolls-Royce patent. Rolls-Royce is seeking damages and injunctions.

The dispute has its origins in the mid 1990s when Rolls-Royce and UTC filed for similar patents within five months of one another, but really got going in 2003 when UTC applied to the US Patent Office to have the Rolls-Royce swept fan blade patent, which was filed after its own, struck out. UTC’s efforts were unsuccessful and the validity of the Rolls-Royce patent was eventually upheld in the US by a Court of Appeal decision in May 2010.

Paul Foot, patent attorney and engineering sector specialist at Withers & Rogers LLP, said:

“This is a spat that has been going on for some time and so far Rolls-Royce is coming out on top.

“Rolls-Royce’s decision to proceed with their patent infringement claim against UTC is no surprise following the outcome of the US Court of Appeal earlier this year, which upheld their swept fan blade patent in the US.

“This dispute underlines the importance of having faith in the value of your intellectual property, and the courage to use it for commercial advantage. The Rolls-Royce patent is coming out on top because it was able back up the content of its application with examples of the commercial success of the invention. This attention to detail clearly impressed the US Court of Appeal and is now giving Rolls-Royce confidence to police its monopoly over the invention on UTC’s home turf.

“UTC has also challenged Rolls Royce’s equivalent European patent without success, so we may see the battle move to these shores in coming months.”