It has been over a year since we had to report the passing of Nicky Hayden. Struck by a car outside of the Misano circuit, while he was training on his bicycle, Hayden’s death was felt around the world.
Though always in our hearts, the motorcycle industry has begun to move on from the loss of its beloved world champion, but the legal proceedings in Italy have nevertheless been toiling away.
There are two matters before the Italian courts. One, the criminal proceedings for the unnamed driver of the car that struck and killed Hayden; and two, a civil suit by the Hayden family against the car’s driver.
Now, the initial criminal proceedings of the incident have concluded, with the Italian court finding the driver of the car guilty of homicide.
A verdict has finally been reach in the German patent law dispute between Alpinestars and Dainese, concerning their respective airbag suit technologies.
In the ruling, the “Landgericht” court in Munich found that Alpinestars violated two Dainese patents concerning its D-Air technology, and thus issued a verdict that sees Alpinestars forbidden from selling its Tech-Air products in Germany.
Alpinestars will also have to pay Dainese restitution for damages incurred from Alpinestars selling Tech-Air products in Germany. The monetary amount of the damages will depend on how much Tech-Air product the Italian firm sold in Germany, which has yet to be determined.
After the verdict, both companies issued press releases touting their side of the patent dispute story, with clearly no love lost between the two parties.
Things keep getting worse motorcycle helmet startup Skully, as its production partner Flextronics has filed suit for money and materials allegedly owed it.
According to court documents, Flextronics is demanding payment of roughly $2 million dollars – $505,703 in past-due bills, $514,409 in unpaid bills, and another $1.5 million in what Flextronics calls “materials and inventory related to the Skully project.”
The story of Skully is starting to sound more and more like a script for a soap opera, and today’s installment sees former Skully employee Isabelle Faithhauer bringing suit in the San Francisco County Superior Court against Skully and its founders Marcus Weller and Mitchell Weller.
Faithhauer is the former-assistant to Skully CEO Marcus Weller, and for a time, served as the company’s bookkeeper. In her complaint she alleges that Skully wrongfully terminated her, and brings several other causes of action that are related to that wrongful termination.
However in her filing with the court, Faithhauer also lists a number of incidents where Marcus Weller and Mitchell Weller allegedly used company funds to buy exotic cars, rent expensive apartments in San Francisco, and travel around the world.
If true, this sort of spending could help explain why Skully ran out of capital, and then officially closed its doors last week, despite having raised roughly $15 million from investors and would-be customers.
You can read the full filing of Faithhauer’s complaint against Skully and the Wellers here, which is a PDF hosted by the San Francisco County Superior Court and a public record.
Roughly two weeks ago, we broke the story that Alpinestars and Dainese were headed to court over the alleged patent infringement that was occurring between the two brands’ airbag technologies. That report has since spurred a pair of press releases from the two brands on the subject.
First to respond was Alpinestars, which released a statement that clarified that the lawsuit in Italy centered around the material of the airbag. Alpinestars also offered correction to our report, saying instead that that no legal action had occurred in the German market.
Dainese has now released its own statement on the matter, which insists that legal action was indeed taken in the German market – the Court of Munich ultimately granting an injunction on the sale of Tech-Air products in Germany – and Dainese restates that legal action is underway in Italy.
You can read Dainese’s full statement after the jump. We’ll reiterate what we first said when all this started: the outcome of this legal battle will have big consequences in the motorcycle industry. Stay tuned, we doubt this is far from over.
Last week we broke the story that Alpinestars and Dainese were headed to court over their respective airbag suit systems. In response to that story, and the subsequent retellings of that story on other sites, Alpinestars has issued a press release that further clarifies, corrects, and explains the situation between the two companies.
The first big takeaway from Alpinestars’ statement is that at issue in the patent infringement suit is actually the material of the airbag itself, i.e. the actual physical material used in the bladder that holds the air. This corrects the information A&R received that at issue was the algorithm used to detect a crash.
The second big takeaway from the Alpinestars press release is that German retailers were directly contacted by Dainese, and told to cease and desist from offering the Alpinestars Tech-Air Street system.
This action resulted in some retailers pulling the product from their shelves, but Alpinestars says that no legal action has taken place in the German market, and that the company continues to offer the Tech-Air Street in Germany.
You can read Alpinestars full press release after the jump. Asphalt & Rubber will be sure to keep you apprised of further developments regarding this story, as it unfolds.
Airbag technology is the future of safety in the motorcycle industry, of this much I am certain.
Intelligent airbag suits allow for a level of impact protection previously unheard of in the motorcycle industry, or any industry for that matter, and the effects are already obvious both at the pinnacles of our sport and at the consumer level.
The business side of all this is incredibly lucrative, especially for companies who are inventing in this space and patenting their work. As such, it should probably not surprise us to learn that Alpinestars and Dainese have headed to court over their two respective airbag brands: Tech Air and D-Air.
I was reading DealerNews last week when I stumbled across a brief story about how Harley-Davidson was being sued by a couple, because the Bar & Shield brand did not offer the 2012 Electra Glide Classic with an anti-locking brake option.
The lawsuit comes about as a couple was riding two-up on their motorcycle in Texas, when a car suddenly cut in front of them. Locking up the wheels of the Harley-Davidson, the motorcycle fishtailed out of control, and flung the couple quite some distance. They are subsequently suing Harley-Davidson for $75,000 in damages.
I can already foresee the pro-business comments below this article, deriding these motorcyclists for a series events that amount to “their fault” for their medical and financial woes — after all, it was they who chose to buy a motorcycle without ABS, right?
Legal scholars, and those familiar with tort law and product liability in the United States though, will see the case quite differently. And barring specific details and circumstances, the conclusion to this lawsuit will almost certainly side with the complainants, not Harley-Davidson.
A very exuberant Kevin Schwantz has just left the following message on Twitter; “GREAT news to share about @circuitamericas!!!!!!” Great news indeed, as the 1993 500GP World Champion has reached an agreement with the Circuit of the Americas race track, which ultimately sees Schwantz becoming a track ambassador for COTA.
The agreement puts to rest over a year’s worth of media and legal positioning between the two parties, which arose from a business transaction that would have seen Kevin Schwantz as the promoter of the Red Bull Grand Prix of the Americas.
Schwantz then sued COTA after the circuits administration cut Schwantz’s 3fourTexasMGP company out of the promotional deal for the MotoGP round, and dealt directly with Dorna instead. The result of the fallout lead to a fervor from loyal American road racing fans, some of whom boycotted the race last year.
That all seems to be behind them now though, as Schwantz and the Circuit of the Americas have come to agreement over the dispute, which sees Kevin Schwantz becoming the official ambassador to the Circuit of the Americas race track, where he will promote the MotoGP round, and we presume that some money will change hands in the process.
The Schwantz School will be on hiatus for the 2014 riding season, says the riding instruction school. The press release for the track school lists Kevin Schwantz’s “travel/racing schedule and other factors” as the reason for the school’s hiatus. Schwantz is slated to compete in the Suzuka 8-Hour endurance race with the Yoshimura Suzuki Legends team in July.
The MotoGP Legend also is to be a “Guest of Honor” at the Classic Motorcycle Festival at Donington Park in August, and there is possibility Schwantz will be racing in England in September as well. As for the “other factors” mentioned, Schwantz is quoted as wanting to spend time in his recently remodeled home in Austin, Texas.
The story that surrounds Petronas and its ill-fated Petronas FP1 World Superbike project is one full of intrigue, and was seemingly put to bed long ago when the Malaysian oil giant folded its motorcycle business and racing plans in 2006.
The story was brought back to life though when a bunker full of Petronas FP1 street bikes was discovered in the UK. The bikes have their own intriguing story of how the Malays did, or did not, “bend” the homologation rules for WSBK, and how the machines then found their way to be forgotten in a bunker in Essex.
With that discovery, new life was spurred into the Petronas FP1, whose fire-breathing three-cylinder engine and powder blue paint scheme has tantalized the fancy of collectors worldwide for some time now.
This gave birth to the Momoto MM1 project, an outfit that bought the 129 derelict Petronas bikes, and rebranded them for sale just last year. That venture has hit a snag though, as taxes and duties for a vast majority of the machines were apparently not paid, which resulted in the Malaysian government seizing all 129 motorcycles, which in-turn has lead to a recent lawsuit for RM260 million ($83 million USD).