MIPS is to take legal action to defend its intellectual property, accusing protective gear label POC of infringing its patents with its “SPIN” (shearing pad inside) technology.
MIPS has been granted an ex parte preliminary injunction in Germany to restrain infringement of MIPS’ patent EP (DE) 2 440 082 by POC Sweden AB through its sales in Germany of products incorporating the Shearing Pad INside, or “SPIN”, claiming to be a rotational impact protection system.
POC’s Spin system relies on padded inserts on the interior of the helmets shell that are in contact with the rider’s head. When a rider makes contact with the ground, a silicone lined pad provides rotational freedom, thus reducing the severity of the impact on the brain. The system featured first in the firm’s snow sport products and has migrated recently into the bike portfolio.
The order was granted by the court ex parte. This means that there was no hearing, POC was not given the opportunity to make submissions and there was no detailed argumentation relating to infringement and validity. MIPS is in the process of executing the order against POC and the firm is permitted to appeal against the order.
POC is currently a customer to MIPS, representing a minor portion (less than 1% of net sales) of MIPS’ total sales.