Riddell Files Patent Infringement Actions against Schutt and Xenith, Could Impact Concussion Products

Jun 24, 2016

Riddell, Inc. filed lawsuits today against Schutt Sports, Inc. and Xenith, LLC claiming both helmet manufacturers are infringing several patents covering Riddell’s football helmet technologies.
 
The Schutt complaint identifies the Vengeance line of varsity (Z10, Pro, VTD, VTD II and DCT) and youth (DCT, DCT Hybrid+ and DCT Hybrid) helmet models, as well as all varsity and youth football helmets that include the “Quarter Turn Release System,” including but not limited to helmets in the Vengeance, Ion4D, AiR XP, and DNA model lines. As to Xenith, the complaint identifies the varsity and youth EPIC and X2E helmets.
 
Riddell officials note that its patents “embody its investment in developing key features of football helmets that provide athletes with benefits in protection and performance. Riddell’s lawsuit is aimed at protecting its investment in these innovations, which both Schutt and Xenith are using without Riddell’s approval.”
 
The lawsuits seek to prevent further patent infringement and to award Riddell “appropriate” damages for past patent infringement.
 
Suit Could Impact Schutt’s Initiative Around Concussions
 
Robert Erb, President/CEO of Schutt, was quoted in 2013 in Concussion Policy and the Law as saying his company, in 2012, “introduced the best helmet we’ve ever made, the Vengeance DCT. The Vengeance has been an unconditional success with our dealers and incredibly well received by the market.”
 
It is seen as “a key component for that sustained growth.” According to Erb, the Vengeance “is a unique helmet that was introduced into the marketplace at the right time.”
 
In marketing materials, the company noted that the Vengeance features the fourth generation of Schutt’s patented TPU Cushioning.
 
“TPU Cushioning is already proven to absorb more high-level impact in game-like conditions than traditional foam padding,” Glenn Beckmann, director of marketing communications for Schutt Sports, said at the time. “Our new Dual Density TPU is designed to also meet and better absorb those lower level impacts, which have been shown to potentially have a cumulative, negative effect on the brain, leading to progressive degenerative diseases.”
 
Riddell is No Stranger to Patent Litigation
 
A little over a year ago, Riddell filed a lawsuit against Rawlings Sporting Goods Company, Inc., claiming Rawlings infringed on four different patents arising from Riddell’s helmet and shoulder pad technologies.
 
The four-count federal court complaint identified five Rawlings helmet models (Tachyon, Impulse, Quantum, Momentum, and Force) and two shoulder pads (Titan and Spartan) that allegedly infringed upon Riddell’s patented technologies for football helmets and shoulder pads.
 
At the time, Riddell claimed the patents protect key technological features of helmets and shoulder pads, which “provide the football community with unique benefits in product performance and personal comfort. Riddell strongly believes that despite (it’s) patent protection, Rawlings has used Riddell’s technology without permission.”


 

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