Smith & Koroyd Sue Burton For Use of WaveCel in Helmets

by | July 19, 2021

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.

bigquotes 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.