From patent grant to PI in a month: Cardo scores ex-parte PI in Milan

Israel-based Cardo Systems is the owner of EP 4 240 194, granted recently on 9 October 2024. The patent covers a fastening device within head protective gear, usually used in motorcycle helmets. It is part of Cardo’s “Air mount” system and serves to securely and easily fasten bluetooth communication devices within a helmet. These enable groups of bikers to communicate with each other.

Asmax is a Chinese manufacturer of outdoor communication equipment, including devices for helmets. The company exhibited its products at the recent motorcycle trade fair EICMA, which took place in Milan from 5 to 10 November.

Cardo applies for ex-parte PI

Cardo, believing that some of Asmax’s products on display at the fair infringe its EP 194, applied for an ex-parte PI at the Milan local division on 4 November. Belgian UPC judge Samuel Granata granted the PI a day later, reasoning that there was sufficient proof of infringement (case ID: ACT_59213/2024 andUPC_CFI_643/2024).

On 6 November, it was served to the Chinese manufacturer at its booth at the EICMA. A bailiff seized the disputed products on display at the trade fair and the Chinese company subsequently also withdrew the disputed products from their Amazon webshop. This mainly effects Asmax’s products Z1-ASMAX and F1-ASMAX, and any Pro, Pro Max or Plus versions.

It is one of the few ex-parte PI’s that the UPC has granted so far. Often they revolve around trade fairs, such as the PIs in Ortovox vs Mammuth and MyStromer vs Revolt.

Asmax has not filed an appeal in the allowed 15 day period. It is not yet clear if Asmax has filed for a review. Cardo Systems has filed its claim on the merits.

International team

Cardo Systems relied on a Dutch-Italian team from Bird & Bird. Amsterdam-based partner Tjibbe Douma took the lead. He knew Israelian IP counsel Ari Manoach, who advises Cardo on most IP matters, from working with him on other cases in the past.

Douma brought in an Italian team around Milan-based partner Giovanni Galimberti. Associates Emilia Zalewska, Evelina Marchesoni, and Anna Koster assisted.

Furthermore, patent attorney Markus Herzog of German patent attorney firm Weickmann & Weickmann provided support on technical questions. Herzog had been responsible for the filing and prosecution of the patent-in-suit.

It is not yet clear who is representing Asmax in the case.