Alpinestars – Weary Rider

Alpinestars Isn’t Backing Down

We reported that the court ruling that Alpinestars infringed on Daixnese’s patent for its D-Air gear recently. That court ruling states that Alpinestars can’t continue to sell its Air-Tech gear in Germany and has to compensate Dainese for the infringement and recall all the gear it sold there that infringes on the patent.

According to a press release from Alpinestars and Motorcycle.com, the patent infringement pertains to the way in which Alpinestars added the airbag tech to its gear. The infringement occurred due to the placement of an air bladder inside a pocket with elastic panels. Alpinestars suggests that because this was the issue, other companies may be in violation of the patent.

Alpinestars also noted the patent EP 2 412 257 B1 is just one of three that Dianese originally brought up. Dianese withdrew one of the complaints and German courts annulled another in May of 2018. It’s only the last patent infringement that seems to hold any weight. Alpinestars says that patent is not in relation to the specifics of its Ait-Tech Technology.

Alpinestars also reiterates that this court ruling just impacts the sale of its Air-Tech gear in Germany not the rest of Europe. The company also pointed out that it has an appeal with the German Federal Court of Justice on the validity of the patent. The final decision on this court battle between the two companies has not been settled yet, and it looks like the fight will continue.

The Claim Was More Than Just Hot Air

According to a Dainese press release, a Munich Court of Appeals came to the conclusion after a long judicial battle that Alpinestar’s Tech-Air Street airbag Vest designed for road use and Tech-Air Racing airbag Vest designed for track use both infringe on the European patent EP 2 412 257 B1 issued to Dainese.

The decision comes after a similar decision that Alpinestars appealed by a German Federal Patent Court. That verdict came in 2017. Now, Alpinestars will have to take the case to the German Federal Supreme Court in order to get the ruling overturned.

The case stems from the patent for Dainese’s D-Air technology. The airbag safety tech was patented before Alpinestars came out with its Tech-Air gear. According to the ruling, Alpinestars can’t continue to sell the products. It will also have to recall any vests issued after June 1, 2015. This will impact some German commercial customers. Alpinestars will also have to compensate Dainese for all damages incurred since June 1, 2015.

The amount of money that’s wrapped up in the statement was undisclosed in the press release by Dainese. I would imagine it’s somewhere in the millions of dollars. While the first court ruling was a big win for Dainese, this one is even more impactful. We’ve not heard whether or not Alpinestars will continue to fight the decision and take this issue to the German Federal Supreme Court.

It’s a shame really, I’m all for more airbag technology making its way into motorcycle gear. With that said, it’d be nice companies could do it without infringing on each other’s patents.

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