Smith and Koroyd have jointly filed a patent infringement action against Burton in the United States District Court for the District of Utah accusing Burton of infringing US Patent No.10,736, 373 (jointly owned by Smith & Koroyd) by selling and importing Anon-branded Logan and Merak snow helmets that incorporate WaveCel® technology. According to the lawsuit, Burton was informed of Smith’s and Koroyd’s patent rights, and was asked to respect those rights by not making or selling the accused Anon-branded Wavecel helmets. Burton moved forward with the launch of the Anon helmets, leaving Smith and Koroyd no choice but to pursue the federal court action to protect their intellectual property rights. A second lawsuit brought by Koroyd against Burton in Germany also alleges IP violations based on WaveCel helmets.
As market leader in protective eyewear and multisport headwear for over 56 years, Smith values its commitment to creating reliable, durable and trusted gear for snowsports, cycling and outdoor endeavors. Since 2013, Smith has partnered with Koroyd – creators of the iconic green, open cell technology utilizing welded tubes that crumple instantly on impact– within its helmets to continue the legacy of innovation and design while providing consumers advanced impact protection and superior performance. Together, Smith and Koroyd have invested almost a decade of time and resources into research and development to integrate Koroyd material into Smith products under a unique, patented method.
Koroyd is deeply committed to providing advance protective solutions to reduce the risk of injury to all its users. Koroyd and Smith have proudly partnered to provide technology solutions across sport disciplines born out of Koroyd’s R&D efforts. The innovation pipeline is fueled by each iteration of their released technologies and ensure they can collectively and consistently offer superior impact protection solutions that absorb more energy, while being lightweight and breathable. Smith and Koroyd believe when intellectual property rights are flagrantly disregarded it creates confusion in the market, limits consumer choices, and threatens future advancements for all.
“Our business is structured in such a way to inspire transformation and innovation throughout our entire group,” said John Lloyd, Founder and Managing Director of Koroyd.“Through our long-term R&D investments we have consistently delivered unique safety solutions which offer a significant performance advantage compared to legacy and emerging products, and have become the trusted technology partner to the leading brands in a diverse range of industries. Copycat products offer little advancement for the end consumer and impede innovations for all. This action is part of our global strategy to enforce our registered rights. The protection of intellectual property encourages innovation, copying product reduces innovation and, if rewarded, discourages research and development. We will continue to maximize our contribution to the sports and safety segments and protection of people pursuing their passions and facilitating them to experience life to the fullest,” he continued.
In Europe a further claim is being persued. Koroyd have filed a patent infringement action against Burton in the District Court Düsseldorf, Germany, accusing Burton of infringing the German part of EP 1 694 152 by selling and importing Anon-branded Logan and Merak snow helmets that incorporate WaveCel® technology. According to the lawsuit, Burton was informed of Koroyd’s patent rights, and was asked to respect those rights by not making or selling the accused Anon-branded WaveCel® helmets. Burton moved forward with the launch of the Anon helmets, leaving Koroyd no choice but to pursue the court action to protect their intellectual property rights.