After a lengthy legal battle over the intellectual property found in the Alpinestars Tech-Air and Dainese D-Air airbag systems, the Munich Court of Appeals has ruled that Alpinestars violated a Dainese patent (EP 2 412 257 B1), which confirms the decision of the Munich Court of First Instance.
Before these rulings, the German Federal Patent Court previously ruled in 2017 that Alpinestars violated two of Dainese’s patents from its D-Air system, which Alpinestars then appealed.
It is important to note that it is not clear to Asphalt & Rubber at this time what has transpired in the court concerning the other patent at issue between Alpinestars and Dainese
Going forward on this verdict though, Alpinestars can appeal the decision with the German Federal Supreme Court, or accept the court’s decision, which would prohibit the sale of Tech-Air products in Germany; recall existing Tech-Air products from commercial customers; and compensate Dainese for damages that stem from the sale of Tech-Air products in Germany.
On a larger scale though, the decision gives a glimpse into similar legal actions that Dainese has pending against Alpinestars in the Italian, British, and French markets, as well as other legal actions still in the German market.
This legal battle comes from the fact that in terms of motorcycle safety innovation, the airbag suit represents the highest achievement in motorcycle rider safety since the helmet was created. As such, there is obviously a great deal at stake when it comes to this battle between Alpinestars and Dainese.
Both brands have established themselves as safety platforms for motorcyclists, and both brands have begun to offer their airbag technologies to rival brands. Essentially, Alpinestars and Dainese are in a battle to control the future of motorcycle safety garments, which will surely include airbag technology
This verdict from the Munich Court of Appeals is a sizable setback for Alpinestars now, and it occurred in a very important market for the two Italian brands. We would expect to see Alpinestars to appeal the verdict, and most definitely this is not the last time that we will be discussing this story. Stay tuned.