AOPA moves to dismiss, transfer lawsuit

The Aircraft Owners and Pilots Association (AOPA), in an Oct. 7 response to SD Holdings (SDH) patent infringement lawsuit, seeks to dismiss the lawsuit or, alternatively, have it moved from Oregon to Maryland.

“AOPA requests dismissal due to the fact there is no basis for SDH’s patent infringement allegations against FlyQ Web, AOPA’s online aviation flight planning tool that is available to members free of charge,” noted an AOPA statement.

AOPA explains that SDH does not “assert a tenable claim of patent infringement, and therefore the only allegation of patent infringement is defective, and that SDH lacks any good-faith basis to assert patent infringement against AOPA.”

In the event that the Oregon court declines to dismiss SDH’s complaint, the motion also requests the transfer of the case to Maryland.

Peter A. Haas, attorney for SD Holdings, wrote, “I’m prohibited from commenting on this open case. I will note, however, that such a motion is very typical in cases similar to this.”

AOPA’s “Memorandum in Support of AOPA’s Motion to Dismiss or in the Alternative to Dismiss” the lawsuit can be read or downloaded here.

A “Declaration of Lionel Lavenue in Support of AOPA’s Motion to Dismiss or in the Alternative to Transfer,” which includes an Aug. 28, 2013, letter to Haas from Lavenue, can be read or downloaded here.

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