Koroyd Wins German Patent Infringement Case; Anon Snow Helmets With WaveCel Infringe Koroyd’s Patent

Following a 15-month legal battle in German court, Koroyd – pioneers of innovative protective solutions – is pleased to announce a victory in the District Court of Düsseldorf in its patent infringement case against action sports brand, Burton. The first instance decision concludes Burton violated EP 1 694 152 patent in Germany by producing and selling Anon-branded WaveCel® snow helmets that imitate Koroyd’s patented technology.

For the past decade, Koroyd has meticulously curated a brand identity synonymous with its core purpose and flagship technology; an iconic green, open cell system utilizing welded tubes that crumple instantly on impact. Known internationally as The Ultimate Damage Control System, Koroyd’s technology is integrated into products across a diverse range of industries including action sports, industrial, motorcycle, aviation, child safety systems, and vehicle interiors.

Koroyd believes that when intellectual property rights are disregarded it creates confusion in the market, limits consumer choices, and threatens future advancements for all by undermining the value of true R&D. Koroyd values working closely with its brand partners on product development and innovation and remains steadfast in its global commitment to monitoring and enforcing company IP.

“We are pleased to receive this positive judgment from the District Court of Düsseldorf which confirms that Burton is infringing one of our patents in Germany with their Anon helmets which use Wavecel material,” said John Lloyd, Founder and Managing Director of Koroyd. “The judge has approved a remedy of removal of Anon’s infringing helmets and stock from sale in Germany. Koroyd is also entitled to be awarded damages and legal fees and Koroyd will now begin enforcing the judgment. Alongside an extensive IP portfolio protecting our innovation, we also have a robust global enforcement policy which has now delivered a win for our R&D team and all of our trusted partners.”

A similar patent infringement action against Burton, filed jointly by Koroyd and Smith Sport Optics, remains active and ongoing in US District Court for the District of Colorado addressing Burton’s infringement of jointly-owned US Patent No.10,736, 373 based on selling and importing Anon-branded snow helmets that incorporate WaveCel® technology in the United States. To date, Burton has been unsuccessful in challenging the validity of the patent through an inter partes review process before the United States Patent Trial and Appeal Board, which recently rejected Burton’s invalidity allegations as lacking merit. In light of that decision, the District Court recently re-opened the infringement proceedings, and Koroyd and Smith are moving forward to enforce their valuable patent rights and stop Burton’s ongoing infringement.

Burton has the right to appeal the District Court of Düsseldorf’s decision and has filed a nullity action against the patent which has not yet been decided.