HANS and the SCCA

[Pat]

The Defender is done. HANS went after them for patent infringement.

Jeff, you're a lawyer and I'm not but unless there has been a subsequent action filed, the case looks to me like it's been dismissed.

IP Litigation - DetailedView

While the manufacture has stopped, they sure are still selling the things.

 

[Jeff Young]

No, it's done. Suit was settled. Part of the settlement was no more Defenders.

From the Defender website you linked:

The defNder is no longer being manufactured. Please see update on right side. We will continue to service the product. You may order Parts/Accessories Below.

They don't sell the product new any more. Just parts.

 

[Pat]

Thanks for the clarification Jeff. My assumption was that there is availability of the remaining manufactured stock.
If you look further on the right side of the page on their site, it says:
"However, any devices still in the field or at retail outlets that have SFI 38.1 stickers on them were properly tested and certified at the time. The certifications for those devices remain valid."

Given my conversation with the vendor yesterday and looking at one of the units, I'll give them a call and see what's happening. It's a shame that they stopped making them, it appears to be a really nifty unit. They contend the shoulder design solves the HANS issue about belt slippage and the adjustability is really a plus.
One has to wonder if they will be around to recertify in 5 years and down the road what the establishment in the SCCA will tolerate for allowing a SFI 38.1 certified item that is no longer in production.

It also is very different from HANS in structure so I would guess the HANS patent is very broad.

 

[Jeff Young]

HANS has those same shoulder ridges now......

I suspect the settlement still allows DeFender to sell existing stock, but that is it.

The HANS patent is broad, and they have money.

 

[Pat]

Well, I spoke to the fellow at DeFnder (that's their trade name spelling) this afternoon and he was to say the least, cryptic...
I also suspect Santa will be giving him some coal this Christmas as he was not very nice.
He indicated that the existing units are what's for sale and the company will not be going back to manufacturing the restraints. I asked how they plan to handle the five year recertify and he indicated that would not be a problem. I then asked in as nice a way as possible how, if he is no longer in the business, does he plan to be around to handle said certification. He just said that wouldn't be a problem. I then asked if the HANS suit was the reason he was no longer producing them and he indicated that was not the reason but he was not at liberty to say the real reason. He then told me all the US stocks are exhausted (not what the vendor told me at the PRI show) and referred me to an outlet in Canada that had them named Trackmart in Toronto.
Their toll free number doesn't work.
So all that said, I think this is a blind alley.