Win some, lose some: UPC upholds Dainese’s airbag patent but finds it not infringed

Almost exactly a year after the UPC’s Milan local division asserted its jurisdiction for Spain, it has ruled that the patent-in-suit EP 4 072 364 is valid but not infringed by Alpinestars’ products (case IDs: UPC_CFI_472/2024, UPC CFI 792/2024, UPC CFI 831/2024 and UPC CFI 182/2025).

Initially, the parties were fighting over Dainese’s two patents EP 364 and EP 3 498 117. Both cover technology used in garments consisting of inflatable devices to protect the wearer from impacts, such as falls in motorsports. In the course of the dispute, Dainese withdrew the infringement claim regarding EP 117 and concentrated on the dispute over EP 364.

The Italian manufacturer of motorbike, ski, equestrian and mountain bike clothing accuses its competitor of infringing EP 364 with rival products, in particular the Tech-Air 3 System and Tech-Air 10 Race System. The patent owner sought a permanent injunction preventing Alpinestars from distributing its products in the territory of the UPC and Spain.

No decision on Spain

The defendant challenged the jurisdiction of the UPC regarding the alleged infringement of the Spanish part of EP 364. In April 2025, the Milan local division affirmed its jurisdiction. Despite this, the court stayed the part of the proceedings referring to the question of infringement in Spanish territory due to the pending Spanish nullity suit against the corresponding national part of EP 364.

Alpinestars also launched opposition proceedings at the EPO. In November last year, the Opposition Division upheld EP 364 in amended form. An appeal is pending. In national proceedings at the Tribunale di Venezia, the parties are also engaged in a dispute over the transfer of the patent from the initial owner D-Air Lab to Dainese in 2024.

Furthermore, a parallel US action between Dainese and Alpinestars concerning US Patent No. 12,012,065, which corresponds to EP 364, is currently pending at the District Court for the Central District of California (case ID: 2:2024cv07066).

Dainese and Alpinestars have been in dispute for years over various patents for protective clothing, including for motorsport. In 2019, the Higher Regional Court Munich found Alpinestars had infringed Dainese’s EP 2 412 257. The court thus upheld the previous decision of the Regional Court Munich.

Italian lead

From the start of the UPC proceedings, Dainese relied on a team from Italian IP firm SIB Lex and its patent attorney arm SIB. Milan-based litigators Mario Pozzi and Federico Caruso together with patent attorney Davide Rondano led the team, which also included patent attorneys Simona Pietri and Matteo Pozzato. Patent attorney Marta Manfrin, who was initially also involved in the case, has since moved in-house to the IP department of Swedish bearing and seal manufacturing company SKF.

Alpinestars and its Spanish distributor Motocard relied on a team from DLA Piper. Milan-based IP partner and co-head of DLA’s global patent practice Gualtiero Dragotti took the lead. He worked alongside German partner Constanze Krenz, who was part of the team leading the Munich case over EP 257.

The multinational team at the UPC included Italian associate Massimiliano Tiberio as well as German associates David Kleß and Joschua Fiedler. In the US case, DLA also acts for Alpinestars.