Smith and Koroyd have jointly filed an intellectual property lawsuit against Burton for the use of Wavecel in its products.
Wavecel is a rotational and impact protection insert developed by Bontrager and was first released in March 2019. Burton, a company that specializes in snowboard equipment, announced it would also be using the technology in its new Anon helmet line at the start of this year. Koroyd is also a protective insert, but instead of rubber-like waves it uses extruded tubes to absorb impacts.
The suit has been filed at the U.S. District Court for the District of Utah and accuses Burton of infringing US Patent No.10,736, 373 through its importing and selling of Anon helmets in the United States. A separate lawsuit is also being filed by Koroyd in Germany against Burton also based on IP infringement. The patent that Burton is claimed to have infringed is for a "Helmet with shock absorbing inserts
", filed on August 13, 2013. It's not clear exactly where the patent has been infringed at this moment in time.
According to a press release
, Burton was asked to respect Smith and Koroyd's patent rights before it launched its Anon products however, after Burton decided to continue with the launch, Smith and Kororyd began legal action against it.
|Our business is structured in such a way to inspire transformation and innovation throughout our entire group. 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.—John Lloyd, founder and managing director, Koroyd|
This is the second Wavecel related legal action we've reported on this year after a New York man began legal action against Bontrager's safety claims in January.
Bontrager declined to comment and Burton have been approached for comment.
Literally love everything else about their helmets, but the foam always delaminates after a year or so of regular use.
Once I asked how to get a replacement and they just shipped one to me free. Last week I asked again (for a new helmet after I crashed in that one) and they said I’d have to file a warranty claim.
Why is it so impossible to buy a part that I’m sure costs them $0.50? Honesty I’d love to have a few to swap out and put them through the wash when they start to stink.
Why do you want my head to stink Smith?
you can buy a few, and wash them with your kit.
Once you think about how dirty your pads are, it's hard to not think about it.
Once you remove the pads out, the helmet will fit even better with just the cap.
It seems that it's easier for them to give me a brand new helmet than supply new pads! I can't really complain, but it's a bit of a head scratcher for sure!
@freestyIAM - to be fair, it doesn't seem that making us buy new helmets instead of pads is their motive here. It's just that making more replacement pads seems REALLY hard for them for some reason!
I had this with a visor that broke. Quite complicated to get a replacement, but at least it was free.
With the pads I asked my wife to stitch them (after washing it ).
We had a couple tent poles snap recently. Tent is perfectly fine, only used a couple times a year. The hassle of trying to get replacement poles is pathetic. Call the store (it's a brand only available at one chain), they direct me to the brand. The brand itself doesn't handle replacement part requests, I have to contact the manufacturer directly (imagine Apple asking you to call Foxxcon for a replacement battery). The manu acts like this is a huge PITA, finally send s quote where 2 poles, plus shipping is going to be about 2/3rd the price of entirely new tent. To "solve" the problem the store offers 50% off a new tent. I don't want a new tent, my tent is fine, I just need two replacement poles (and no, generic replacements don't seem to exist for this size). Anyway, 7 wks later and way too many emails and phone calls I'm still fighting, in futility, for some freakin' poles... I'm not buying a whole new tent, even if they gave it to me.
Those companies, I try to avoid.
Really doesn't matter who owns it, the point of my comment would remain the same in that Burton didn't come up with it, they are leasing the technology from another company.
@chacou: Burton did that they same time they killed The Program brands, minimized Analog, and pushed Gravis to Asia only. Too many brands, too much marketing, and Anon had already begun positioning itself as a "winter sports" brand where as RED was pretty well known as more of a "snowboard" brand. It made sense, and if you're gonna make goggles and helmets, it only makes sense they have the same brand name. It makes people think they belong together. Increase sales of both by association. People always over estimate Burton's size, not really considering that they are still private. Out of the 9 or so board brands I sold at the old shop, Burton was ultimately larger than maybe 2.
Unless I skimmed over it..?
Happens alot. :-)
Every economy is a planned economy.
The question is, are the planners talented, and what are their goals?
I don’t get why companies (and people) are at each others throats? For me, Smith, this makes me steer clear of your products… this isn’t ‘pick a helmet safety measure and be a dick about it.’ I get it if you have a patent, but why not just make a phone call to Mrs./Ms. Sue Burton and have a simple convo with her stating what you’ve noticed… most likely they’d apologize for stepping on your Smithtoes and backpedal. Why go legal?
I hate seeing such discord so rampant these days. Have we all forgotten the Golden Rule or simply how to be good humans? I’ve seen enough of it, especially in the last 1.5 years, it’s gotta stop.
But that’s just my opinion