SWAROVSKI OPTIK has more evidence to support suspected infringement of valid intellectual property rights for its Z6 rifle scopes

Legal proceedings brought against Leica Camera AG in Germany and UK

Absam, Tyrol, 12 July 2011 – SWAROVSKI OPTIK has recently brought legal proceedings against Leica Camera AG at the Düsseldorf District Court to establish that there has been an infringement of its German utility model and in the UK for its European patent.

The Sport Optics division of Leica Camera AG presented a new range of rifle scopes called “Magnus” (models: 1-6.3x24, 1.5-10x42, 2.4-16x56) at this year’s IWA & OutdoorClassics in Nuremberg, held 11–14 March 2011, with the likely intention of launching it on the market at the end of 2011.

The cross sectional views published in the Leica product brochure, along with the specifications indicated for these rifle scopes, bear a striking resemblance to the optical and mechanical design of the SWAROVSKI OPTIK Z6 rifle scope range, which has already established itself since 2007 as a very successful, premium-class range of rifle scopes, achieving a high global turnover. An assessment made on the first day of the exhibition gave the patent law experts from SWAROVSKI OPTIK reasonable grounds to suspect a possible infringement of the patents granted in the UK (national part of a European patent) and in the US, and of a registered German utility model belonging to SWAROVSKI OPTIK. These intellectual property rights underpin the inventive achievement and innovative expertise of SWAROVSKI OPTIK. The management of Leica Camera AG were informed at IWA 2011, in the presence of a patent lawyer, of a possible intellectual property rights infringement, which may result, if confirmed, in compensation claims and even in the compulsory withdrawal of the Magnus rifle scopes from the market. Swarovski will endeavour, with the support of the court, to prevent the sale of Magnus rifle scopes as far as is possible.

The detailed examination which has been carried out in the meantime with patent law experts has revealed that Leica Camera AG has filed an opposition with the European Patent Office against the European patent granted to SWAROVSKI OPTIK and has further confirmed the suspicion that Leica Camera AG is using at least the existing German utility model of SWAROVSKI OPTIK in the Magnus rifle scopes. “In order to protect the company’s overall interests, along with our investments and observation optics expertise, we felt compelled to take legal action. Development results are a major asset of any technology company, especially when we’re constantly striving to set new standards of innovation in the high-end segment,” said Dr Gerd Schreiter, Executive Board Member for Technical Operations, commenting on the action taken.

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SWAROVSKI OPTIK

SWAROVSKI OPTIK, headquartered in Absam, Tyrol, is part of the Swarovski group of companies. Founded in 1949, the Austrian company specialises in the development and manufacturing of long-range optical instruments of the highest precision in the premium segment of the market. The binoculars, telescopes, rifle scopes, range finders and night sight devices are products of choice for demanding users. The company's success is based on its innovative strength, the quality and intrinsic value of its products and their functional and aesthetic design. The appreciation of nature is an essential part of its company philosophy and is reflected commendably in its environment-friendly production and its long-term commitment to selected nature conservation projects. The turnover in 2010 was 94 million euro (2009: 87 million euro) and the export ratio is 90%. The company has appox. 700 employees.