The row over airbag supremacy rumbles on as Dainese has issued a statement responding to an earlier statement issued by Alpinestars over legal action between the two powerhouses regarding the ownership of airbag technology.
Dainese has now released its own statement, which insists that legal action was taken in the German market – the Court of Munich ultimately granting an injunction on the sale of Tech-Air products in Germany – and that legal action is underway in Italy.
Here is the statement in full: With respect to Alpinestars’ “Statement regarding press coverage of Patent Challenge,” and for the sake of clarity, Dainese deems it necessary to reply to the following claim:
“In Germany, Dainese did make a direct request to certain retailers, that they cease and desist from offering for sale the Alpinestars Tech-Air Street system, however, no legal action has been taken against Alpinestars.”
- In October 2015, the Court of Munich released two autonomous preliminary injunctions against a German Alpinestars dealer, confirming that the Alpinestars Tech-Air system infringes two Dainese patents in Europe.
- Dainese has also recently filed, before a German Court, an additional lawsuit against Alpinestars, seeking compensatory damages for infringement of Dainese’s patents and the halting of commercialization of the Tech-Air system in Germany.
In addition, Dainese would like to clarify that:
- Dainese has never received a cease-and-desist letter from Alpinestars.
- Dainese has filed a lawsuit against Alpinestars before an Italian court, seeking compensatory damages for infringement of Dainese’s patents, as well as an urgent preliminary injunction for halting the commercialization of the Tech-Air system in Italy.
- Dainese’s patents have been released by the European Patent Office following a long verification procedure, and are therefore registered and fully valid.
At this time, Dainese will not comment further on the merit of those lawsuits, instead preferring to discuss them in the appropriate venues.
Advocating and delivering safety to people exposed to traumatic injuries in dynamic sports has been the mission of Dainese since Lino Dainese founded the company in 1972. From the very first day, Dainese has been the innovator for protection in active sports, with major industry firsts including the back protector for motorcycle riding, skiing, mountain biking and equestrian use, as well as the D-air® airbag system, which Mr. Dainese conceived in 1995.
- Dainese owns 26 patents on the D-air technology and has made extensive investments in the research, invention, development, manufacture and marketing of the first and most innovative airbag-protection platform for motorcyclists: the D-air systems for racetrack and road use.
- In 2015, D-air for racetrack use became an open platform, as D-air Armor was integrated into the products of other motorcycle-garment manufacturers, enabling more riders to take advantage of the safety provided by the Dainese D-air system.
- The D-air platform has also been used to develop D-air Ski, an innovative airbag system for use in skiing, as well as airbag systems for use in the automotive field.
The lawsuit is huge for both companies, and the winner will effectively own a monopoly on airbag technology.