The Norwegian Court of Appeal has ruled in favor of Rottefella and Madshus in the patent case against Amer Sports on moveable binding systems. The lawsuit targeted “Move,” a binding system for cross-country skis that Norwegian manufacturer Rottefella launched in 2018 after several years of product development. Move, developed by Rottefella and protected by its own patents and one licensed from Madshus, makes it possible to slide the ski binding to achieve better grip or glide without getting off the skis.
When competitors Salomon and Atomic, through their joint owner Amer Sports, launched a similar product less than three years later, Rottefella and Madshus sued for patent infringement. Last summer, the Oslo District Court ruled in favor of Rottefella and Madshus. Amer Sports appealed the ruling, and the Court of Appeal in Borgarting has now reached the same conclusion as the District Court. The marketing and sales ban imposed by the district court is upheld in its entirety.
“The Move system is an example of an innovation that has required large investments over time. Such investments only happen when companies have the chance to obtain legal protection for developed patents,” said Halvor Manshaus, a partner in the law firm Schjødt, who has been Rottefella’s legal counsel in the case. “Such protection has now been confirmed through a clear and well-written judgment. Unfortunately, there are several examples where large international players come too close to Norwegian inventions, and this important ruling will have a preventive effect in the future.”
Rottefella and Madshus are awarded damages of 9.2 million Norwegian kroner (€795,000) plus NOK 4.4 million (€380,000) to cover legal costs. The district court awarded Rottefella NOK 5.6 million (€484,000) for legal costs.
“This is a judgment that will attract attention and represents an important victory for all innovation-driven companies. The ruling provides the necessary legal certainty for companies that take risks by investing in and developing new inventions, new technologies and new solutions based on patents,” said Torstein Myklebostad, CEO of Rottefella.
