The Federal Court of Canada released a judgement confirming the validity of MIPS AB’s patent rights and its Brain Protection System in a key patent dispute with Bauer Hockey Ltd and Bauer Hockey LLC.
STOCKHOLM, SWEDEN; MAY 9, 2018 – The Federal Court of Canada released a judgement confirming the validity of MIPS AB’s (”MIPS”) patent rights and its Brain Protection System in a key patent dispute with Bauer Hockey Ltd and Bauer Hockey LLC (“Bauer”).
The judgment by the Federal Court of Canada upholds MIPS’ Canadian Patent 2,798,542 and thus confirms the novelty and inventiveness of the patented MIPS Brain Protection System technology. The same technology is subject to other MIPS patents world-wide and has been implemented in helmets by leading helmet brands throughout the world for use in a wide range of sports.
In the proceedings, Bauer claimed that MIPS was not entitled to patent protection in Canada for the relevant technology due to lack of novelty and inventive step. The Federal Court however, did not rule in favor of Bauer and instead upheld MIPS’ Canadian patent.
Furthermore, the Court declared certain patent rights of Bauer as being invalid since they were considered as obvious variants of the previous- ly developed MIPS technology. The Canadian Court’s ruling also narrowed the scope of Bauer’s own patent rights, as it concluded that certain aspects of Bauer’s patent claims were too similar to previously disclosed MIPS technology to have full validity under Canadian law.
“I am very satisfied that this dispute has finally been successfully resolved and this judgment follows only weeks after the decision by the European Patent Office to revoke a European Patent for the same technology previously granted to Bauer,” says Johan Thiel, MIPS’ CEO. “I am especially pleased on behalf of the dedicated team of scientists and product developers at MIPS who have been closely involved in the innovations that created the proven solutions for reduction of rotational motion in oblique impact in helmets, and led the grant of the patent in question.”
The decision will be issued in its full extent and Bauer will have the possibility to appeal the court’s decision.
Fore more information, please contact:
Johan Thiel, President and CEO | email@example.com | +46 73 399 65 88
Max Strandwitz, CFO | firstname.lastname@example.org | +46 70 961 17 54
MIPS is a world-leader in helmet-based safety and the protection of the human brain. Based on an ingredient brand business model, MIPS Brain Protection System (BPS) is found in helmets around the world and across multiple market categories. The BPS solution, which is patented in all relevant markets, is based on 20 years of research and development together with the Royal Institute of Technology and the Karolinska Institute, both located in Stockholm, Sweden.
MIPS headquarters is in Stockholm with 25 employees engaged in research and development, sales, marketing and administration. Its product and technology test facility is also in the same location. Production and manufacturing operations take place at sub-contractor facilities.