Columbia and OutDry take legal action against Gore
16/06/2011
Columbia and OutDry Technologies also welcomed the recent public news that the Federal Trade Commission in the US has issued a subpoena to Gore in connection with its own investigation into whether Gore has “engaged in unfair methods of competition ‘by contracts, exclusionary practices, or other conduct related to waterproof or waterproof and breathable membranes or technologies and related products”.
Columbia’s senior vice-president of legal and corporate affairs, Peter Bragdon, said in a statement: “Columbia and OutDry Technologies have long been concerned that W. L. Gore & Associates’ commercial practices systematically prevent consumers, brand owners and manufacturers from gaining access to competing product innovations in waterproof breathable footwear and gloves. We believe W. L. Gore’s exclusionary conduct has deprived outdoor enthusiasts across the European Union, the United States and other regions throughout the world from learning about, experiencing and benefiting from new and innovative products.”
Nextec Srl, the Italian company originally behind the OutDry laminated waterproofing technology before its acquisition by Columbia in 2010, won a legal victory over Gore in October 2008. Gore had presented a complaint to the European Patent Office’s Board of Opposition challenging 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.
The patent authority decided that Gore’s opposition was unfounded and that the patent should stay in place.
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