On February 7th, the Munich Court of Appeal confirmed that Alpinestars’ Tech-Air Street airbag vest (for road use) and its Tech-Air Racing airbag vest (for track use and road), infringe the German part of Dainese’s European patent (EP 2 412 257 B1).
The German Federal Patent Court previously confirmed the validity of Dainese’s patent in a separate proceeding; a decision which Alpinestars appealed. The latest decision by the Munich Appeals Court can only be appealed through the German Federal Supreme Court.
The Munich Court of Appeal, ruled in favour of Dainese regarding the core issues of the litigation, and has issued an injunction:
1) Prohibiting Alpinestars to commercialise the Tech-Air Street Airbag Vests and Tech-Air Racing Airbag Vests in Germany.
2) Ordering Alpinestars to recall any such vests which Alpinestars has supplied since 1 July 2015 and which are still in the possession of commercial customers in Germany.
3) Compensating Dainese for all damages suffered due to the sale of the infringing vests in Germany since 1 July 2015.
Dainese considers the decision a major victory – after an intensive patent litigation fought against Alpinestars in Italy, Germany, the UK and France.