OutDry patent upheld (and strengthened)
08/10/2008
Nextec Srl, the Italian company behind the OutDry laminated waterproofing technology, has announced that it has won a legal victory over its bigger rival W.L. Gore.
Gore went to the European Patent Office's Board of Opposition some time ago to challenge OutDry's right to carry patent EP1139805, which covers the whole of the laminating process it uses to apply membrane technology to finished footwear, gloves or apparel.
This year, the patent authority decided that Gore's opposition was unfounded and that the patent should stay in place. Nextec waited until the timeframe allowed for the rival company to consider an appeal to lapse before going public with the news.
"This patent is wide-reaching," Nextec's research and development director, Matteo Morlacchi, told sportstextiles.com. "It covers any application in which you can take a piece of leather and bond a membrane to it. That's why Gore fought it so hard, investing heavily in research, consultancy and lawyers. But the problem for them is that, as a result of this whole, long process, the patent is stronger than it would have been if they had just left us alone."
He explained that over the four years the process has taken, the original patent has undergone detailed analysis on the part of experts in the field. Their confirmation that OutDry deserves protection under the patent will discourage future challenges, he said.
"Now our customers have more protection too," Mr Morlacchi continued. "They know that if they invest in this technology, they will maintain an advantage, and that lower-cost competitors will not be able to copy them without the same level of investment because, from now on, with this decision in place, we will be very aggressive on any patent infringement."
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