TECH-AIR® PATENT JUDGMENT: LEGAL NOTIFICATION – GERMANY
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complaint was withdrawn by Dainese on 22nd December 2016, relating to patent EP 2 373 188, after this patent was revoked by the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.