Koroyd SARL, Smith Sport Optics, Inc., and The Burton Corporation have reached a settlement to resolve patent disputes in Europe and North America and are entering into patent license agreements. The agreements provide, among other terms, that Burton will have the exclusive worldwide rights to market Wavecel and sell impact-absorbing inserts in snowsports helmets.
Smith, the outdoor eyewear and headwear maker, and Koroyd, one of Smith’s ingredient brand partners, filed a joint lawsuit in the U.S. District Court in Utah in 2021 against Burton for patent infringement. The two companies alleged that Burton was improperly using their patented technology in two versions of Anon-branded helmets.
According to the suit filing, Smith and Koroyd claimed Burton violated their U.S. Patent No.10,736, 373, jointly owned by Smith and Koroyd and referred to in the complaint as the ’373 patent, “by selling and importing Anon-branded Logan and Merak snow helmets that incorporate WaveCel technology.”
As part of the licensing agreements, Koroyd has granted Burton a license to continue selling redesigned helmets incorporating WaveCel impact-absorbing technology. Under the settlement terms, WaveCel technology is now restricted for use solely by Burton in those licensed, redesigned snow sports helmets and may not be offered, supplied or integrated with any other brands or partners in the snow sports helmet market.
Burton is the only company to whom Koroyd will be licensing its patents for use with WaveCel in the snowsports helmets market. Koroyd stated that it does not intend to issue any other licenses for the use of WaveCel in the snow sports helmet market.
Koroyd alleged that WaveCel infringes upon its 2013 patent, which makes helmets safer for skiing, snowboarding and biking. Smith and Koroyd further stated that WaveCel “was developed specifically to compete with Koroyd and marketed to draft off of plaintiffs’ years of combined efforts in blazing a path of innovation in the helmet industry.”
Anon and Burton Snowboards secured a legal win against Koroyd SARL in Germany in March 2024. Following a 26-month legal battle in the German Federal Patent Court (Docket No. 7 Ni 1/22 (EP)), the court fully confirmed Burton Snowboard’s position and declared Koroyd’s patent (EP 1694 152 B1) invalid in Germany. Burton said the decision, announced on March 19, marks a “pivotal moment in the ongoing dispute over intellectual property rights regarding WaveCel technology.”
“Koroyd is committed to protecting our innovations and our brand partners,“ said John Lloyd, founder and CEO of Koroyd. “Our team of world-class engineers is focused on advancing protective solutions that are designed to improve safety and elevate the user experience. At Koroyd, we work to ensure that our long-standing partners benefit from a clearly differentiated, scientifically validated platform of protection — one that is designed for performance, backed by data and built for peace of mind. And we will not hesitate to defend our intellectual property to ensure a fair and innovative marketplace.”
Image courtesy Burton Corporation
