On 14 October 2010, the higher regional court of Dusseldorf, Germany ruled that the Mammut Pulse Barryvox, a rescue beacon used by backcountry skiiers, infringes on the German patent DE 10 2004 027314 of Ortovox. This judgement applies exclusively to the German market and does not affect other countries.
Both devices were developed in the same time period and both represent the highest technical state of the art. The patent conflict developed from independent attempts by both companies to develop features which offer the highest possible safety to customers.
The multi-year case was decided first in favour of Mammut, and now after appeal, in favour of Ortovox. The disputed feature is not a safety-relevant basic function of the Pulse Barryvox, but the function whereby the direction arrow can be stabilized by the electronic compass in the short period between the signals.
All sales of the Barryvox Pulse, in and via Germany, must be stopped as a result of this judgement. Mammut is working on a lasting solution for the German market that does not affect the functionality ore safety for users. Negotions are ongoing with Ortovox to seek an amicable solution.
For the consumers, who already own a Pulse Barryvox, the judgement does not have any effect neither in Germany nor in any other country.
The valid Ortovox patents in the remaining European countries and in the USA are significantly different than the German patent. In the opinion of the Mammut Sports Groups legal advisers the Pulse Barryvox clearly does not infringe upon these patents.
