Yesterday in the Hague Netherlands, the European Patent Office (EPO) once again confirmed that Cleveland-based Team Wendy’s European patent directed to its CAM FIT™ Retention System was valid and entitled to a priority date of at least October 2012. The opposition to Team Wendy’s patent was filed by ABG Intellectual Property Law, S.L. against Team Wendy’s sister company that owns the European Patent, Intellectual Property Holdings, LLC (IPH). Although the identity of ABG’s client was not disclosed during the opposition, evidence submitted by ABG directly pointed to FECSA SL, a Spanish company that has been attacking Team Wendy’s CAM FIT™ Retention System IP for more than two years. The EPO found ABG’s opposition unsuccessful on all grounds and Team Wendy’s patent – European Patent No. 2874512 titled “Helmet Retention System” – shall be maintained as granted.
Team Wendy CEO Jose Rizo-Patron said that Team Wendy invests heavily in unique, innovative products and systems designs and will continue to aggressively defend its intellectual property. “We are very pleased with the ruling coming out of the EPO. It is regrettable that this particular company chose a path forward that the EPO has declared a dead-end in lieu of investing in their own design and development. Our IP is firmly grounded and this attempt to have it invalidated was rejected out of hand by the EPO,” he said. “The CAM FIT™ Retention System has been tremendously successful and remains the gold standard for tactical helmet systems worldwide.”
Team Wendy was represented in the opposition by Dr. Matthew Barton of Forresters in Munich, Germany and Mark W. McDougall of Calfee, Halter & Griswold LLP in Cleveland, Ohio.