Alpinestars published their response to the Munich Court of Appeals’ case.
The court sided with Dainese in their ruling.
Alpinestars maintains that they did not infringe on Dainese’s patents.
Alpinestars (A-Star) published their response to the recent German court decision with regards to a patent infringement case involving fellow Italian gear maker Dainese.
The decision by the Munich Court of Appeals will cause a huge effect to A-Stars’ Tech-Air airbag vests in the German market. In siding with Dainese, the court has issued an injunction against selling the product in the country. In addition to having their products pulled from the shelves, A-Stars also need to pay a huge sum in damages.
A-Stars is challenging Dainese’s charge that the they infringed on the latter’s patents. Judging from the wordings and language in the Press Release, the fight is not over. It’s going to be the Clash of Italian Titans.
The focal point of the contention is how the airbag vest is held in a garment.
Alpinestars’ Press Release
On February 7, 2019 the Higher Regional Court of Munich issued judgment upholding the claim that Alpinestars’ Tech-Air® vest infringes upon patent EP 2 412 257 B1 held by Dainese S.p.A.
Alpinestars wants to clarify that this action never involved the core of Alpinestars Tech-Air® technology; at no point, either past or present, has any action or patent infringement involved the electronic management, algorithm, or deployment mechanism, or any other part employed within Alpinestars entirely unique and advanced Tech-Air® technology.
Furthermore this judgment is limited to the territory of Germany only. It has no bearing on any other territories within Europe or the wider world market where Tech-Air® is available throughout Alpinestars’ Dealer network.
Originally Dainese alleged infringements based on three patents in Germany, none of them refer to Tech-Air® technology: one complaint was withdrawn by Dainese on 22nd December 2016, relating to patent EP 2 373 188, after this patent was revoked by the European Patent Office. The remaining two patents have been contested in Germany. The second, EP 2 373 190, concerning only some specific features of the air bladder used in the Tech-Air® vest, was wholly annulled by the German Federal Patent Court on 15 May 2018. Dainese appealed this decision.
The third, EP 2 412 257 B1, concerning the general installation of an inflatable air bladder construction within a ‘pocket’ of a garment, featuring elastic panels, is the point on which the patent infringement claim was upheld last week. As soon as the Court serves the written judgment, Alpinestars will study the details prior to taking any decision on its next steps.
Alpinestars needs to point out that it has an appeal pending on the validity of this patent (EP 2 412 257 B1) within the German Federal Court of Justice.
As consistently stated throughout this legal process, Alpinestars fully respects and honors third parties’ intellectual property rights and expects the same with respect to its own IP rights. Alpinestars’ highly innovative Tech-Air® products are based upon years of its in house research and development conducted by its own team of leading research and development staff.
Since the very beginning of the Tech-Air® project, which commenced in 2001, the freedom to ride with the most advanced innovations of performance protection has been the objective relentlessly pursued by Alpinestars and the result is uniquely advanced and capable technology. Tech-Air® is the world’s first airbag providing full upper torso protection in a transferable vest which incorporates a completely independent electronic management system, with no reliance on any external devices (sensors or GPS), to give accident detection and full airbag inflation before the first impact, dual charge for the track and off-road capability as demonstrated in the 2019 Dakar Rally.
Alpinestars’ Tech-Air® products represent an enormously innovative contribution to increased rider safety in motorcycling.