A French court has decided that modifications on the production landing gear for the Bell 429 — shown here on a newly manufactured “green” aircraft — are merely an attempt to mask the copy of an Airbus Helicopters design. Mike Reyno Photo
The Court of Appeal of Paris has dealt a major blow to Bell Helicopter, barring the company from selling skid-equipped Bell 429 helicopters in France after finding that both original and production landing gear designs for the model infringe an Airbus Helicopters patent.
The March 20 decision is the latest ruling in an ongoing legal battle that has played out in courts in Canada, France, and the United States since 2008. It reverses an October 2012 decision by the High Court of Paris, which ruled that the landing gear on production Bell 429 helicopters does not violate Airbus Helicopters’ patent for the “sleigh-type” landing gear on EC120 and EC130 models.
Other courts have found that Bell exhibited “deliberate and outrageous conduct” in copying the sleigh-type design for the original, prototype version of the 429’s landing gear. However, after Airbus Helicopters (then Eurocopter) sued Bell for patent infringement, Bell modified the landing gear before the aircraft went into production.
Previous rulings — including one handed down earlier this year by U.S. Circuit Judge Robert L. Wilkins — have found that this modified production landing gear does not constitute patent infringement. But the Court of Appeal of Paris differed. On the basis of evidence that the original and production landing gears have similar performance characteristics, the court concluded that Bell’s modifications were not a substantial redesign of the landing gear, but an attempt to mask its copy of Airbus Helicopters’ design.
This “sleigh-type” landing gear was equipped on prototype versions of the Bell 429, but did not enter production. Mike Reyno Photo
As a consequence of the infringement, the Court of Appeal has ordered Bell to pay Airbus Helicopters a reserve of €3 million (approximately US$3.2 million) for damages, with the final amount to be determined. Any future sale or offering for sale in France of a Bell 429 with the infringing landing gear will result in a penalty of €1 million.
A Bell spokesperson told Vertical that there is one 429 currently operating in France, with a second delivery scheduled to take place this month. “There is no impact to either of these aircraft,” the spokesperson stated, adding that Bell does not have any pending orders in France.
In a media statement, Bell declared it will continue to “vigorously defend” the production landing gear in France, contending that previous decisions by Canadian and U.S. courts provide strong support for its position. In the meantime, according to the statement, “We will continue to deliver the Bell 429 to countries outside of France without interruption.”
