The Federal Court of Justice in Germany confirms that TrackMan’s technology for measuring the spin of a sports ball is protected by EP 1 698 380 (DE 60 2006 009 719)
Vedbæk, Denmark, October 6, 2017 – The Federal Court of Justice in Germany delivered a judgment on 26 September 2017 confirming the validity of TrackMan’s patent with modified claims in nullity proceedings (X ZR 109/15) against MIA Sports Technology Ltd. (MIA).
MIA had first initiated the nullity proceedings at the Federal Patent Court in Germany, which confirmed the validity of TrackMan’s patent with modified claims in a judgment in 2015. However, this decision was appealed to the Federal Court of Justice, which has now also ruled to uphold the modified patent with even broader claims than allowed in the Federal Patent Court. The decision of the Federal Court of Justice cannot be further appealed.
“We are very pleased that the highest civil court in Germany has now also rendered judgment to maintain this European Spin Patent in Germany as modified by us during the proceedings”, says Klaus Eldrup-Jørgensen, CEO of TrackMan A/S.
TrackMan has corresponding patents on our spin measurement technology in the US, UK, France, China, South Korea and Japan. In particular, our issued US patent No. 8,845,442 B2 to Fredrik Tuxen, entitled “Determination of spin parameters of a sports ball”, assigned to TrackMan A/S, provides coverage which equals if not exceeds the patent confirmed by the Federal Court of Justice in Germany, Klaus Eldrup-Jørgensen adds.”
The original version of TrackMan’s European spin patent formed the basis for TrackMan A/S’ victory in a ruling on May 7, 2013 (4a O 169/11) in a patent infringement lawsuit filed by TrackMan A/S at the District Court of Düsseldorf against MIA based on MIA’s distribution and sale of FlightScope’s golf tracking radar model “X2” (including its software version (5.8)).
The ruling of the District Court of Düsseldorf has been appealed by MIA (I-15 U 11/14), and this lawsuit remains pending.
Copenhagen, 6 October 2017
TrackManTM is fully wireless, easy to use, indoor/outdoor, radar-based solution for analyzing the impact conditions and resulting ball flight in golf. TrackMan provides the industry’s most accurate real time data and graphics on ball launch, flight, and landing. Its unique combination of radar and video technology provides the ultimate solution for Equipment Manufacturers, Teaching Pros, Club Fitters, and ambitious golfers. TrackMan A/S, headquartered in Vedbæk, Denmark, is the developer and owner of TrackManTM technology. TrackMan technology includes a comprehensive patent portfolio of granted patents and pending patents applications.
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