By Sarah Keoghan

Copyright news

An Aussie sex toy organisation has defeated a European vibrator giant in the Federal Court after they were accused of copying their signature “device”.

German company EIS GmbH, which released its popular device the Satisfyer Pro in 2016, accused Lelo Australia of infringing on its patent by creating its own “clitoral stimulator” range.

However, Lelo successfully proved to the court that similar third-party devices – such as the Womaniser – were entered into the Australian market prior to the release of the Satisfyer Pro.

The court also found the “Pressure Wave Massager” patent was vague and lacked definition.

Handing down her decision on Thursday, Justice Kylie Downes ruled the patent failed to define the device properly and that EIS had tried to claim a “monopoly” on the devices.

“The invention claimed in the patent is for a compression wave massager device which has particular features when used on the clitoris,” Justice Downes said in her decision.

“The invention is not defined. (The patent) is therefore invalid and should be revoked.”

EIS also named Calvista Australia in the case, which is the country’s largest distributor of sexual health and wellness products. Calvista distributes Lelo Australia’s products, including their clitoral stimulators.

The court heard from Managing Director of Calvista Roger Sheldon-Collins, who said the Womanizer was released in Australia in 2015 and became an “instant bestseller” as it was the first device to use “pulsed air waves”.

“(There was a) 90-second club coming out of the States through social media, and that women will climax in under 90 seconds. So that’s how impressive the product was,” he told the court.

The court also heard evidence from Ms Michelle Temminghoff, who has sold sex toys in Australia since 1998.

She told the court it was “commonly known” that sex toys using air pressure waves were introduced in about 2014, with the main product being the Womanizer.

“Ms Temminghoff recalls being shown the first Womanizer in 2015 and did not believe it would work; but said that she tried the product and was proved wrong,” Justice Downes detailed in her decision.

The court also heard evidence from another “expert” – Gold Coast’s Playhouse Adult Stores owner Mr Barry Schoonenberg – who was the first importer, retailer, and distributor of the Womanizer in Australia in January 2015.

He said that the Womanizer was “widely publicised” and had “mainstream promotion” in Australia.

The court heard how EIS emailed Lelo in November 2023, telling them their products were “dupes” of the Satisfyer Pro.

“I have attached the patent for your reference and ask that you remove any products utilizing our patent from your website,” the email stated from EIS stated.

“The easy way would be to delete all our pressure wave products from the website and then I would connect to our legal department for signing the settlement agreement.”

The claim brought by EIS was formally dismissed, with legal costs granted in favour of Lola.

EIS now has 28 days to appeal the matter.

Lelo Australia – also known as LELO Oceania Pty Ltd – is the Aussie branch of the main company Lelo, which is headquartered in Sweden.

Last year, EIS successfully had Lelo’s products pulled in Germany over the patent, following a separate court case in the Dusseldorf District Court.

The court heard how EIS is also trying to have Lelo’s products pulled in Sweden and Canada, with the cases ongoing.

Is there another court case we should be covering? Get in touch with our reporter sarah.keoghan@news.com.au or reach out to us anonymously here.