Leatt Corporation announced on Monday that the company has sued Atlas Brace Technologies US, LLC for infringement on two of the company's neck brace patents.
Leatt is the exclusive licensee of certain patents, manufacturing, sale, use and distribution rights held by Xceed Holdings, a South African company owned by Leatt's founder, Dr. Christopher Leatt, including the patents to the Leatt-Brace. On Oct. 21, 2011, the company sent a letter to Atlas' subsidiary notifying them that certain models of Atlas' neck braces infringe on the company's patents, demanding that Atlas cease and desist the manufacture, use, offer and sale of such products.
Instead of complying with the company's request, on or about Dec. 1, 2011, Atlas brought suit against the company in the U.S. District Court for the Central District of California seeking a declaration that Atlas does not infringe on the Leatt neck brace patents.
On Jan. 18, 2012, Leatt filed an Answer and Counterclaim with the Court, denying Atlas' claims and countersuing Atlas (with Xceed) for patent infringement of the Leatt neck brace patents. The company is also seeking injunctive relief, damages for Atlas' willful infringement of the Leatt neck brace patents, and attorneys' fees.
"We are disturbed by Atlas' filing of this action in response to our initial letter and by their continued infringement on our patents," Leatt Corporation CEO Sean Macdonald said. "We will take all necessary action to vigorously prosecute and enforce Leatt's intellectual property rights which protect the product internationally."