Emirates Team New Zealand has dismissed legal action by North Sails as an attempt to intimidate the defender, claiming the sailmaker has contractually acknowledged ETNZ's ownership of disputed patent technology.
The team said it had not yet been served with filings but had become aware of claims it "absolutely disputes." In a statement, CEO Grant Dalton characterised the lawsuit as a response to separate arbitral proceedings ETNZ has taken against North Sails in New Zealand over alleged misuse and breach of patent.
According to the team, North Sails has been aware of the patent for over five years and has manufactured sails for Emirates Team New Zealand using the technology across multiple campaigns. The sailmaker unsuccessfully challenged the patent in the United States through a Post Grant Review process without asserting ownership, Dalton said.
The legal dispute carries additional Cup context. North Sails is owned by Oakley Capital, which is also the majority owner of Team GB1, the British challenger for the 38th America's Cup, with the Match beginning 22 May 2027. Team GB1 previously sought to access the patent through a protocol change and was unsuccessful, according to ETNZ.
The statement does not specify which patent is contested, but the timing places the dispute within the team's preparation for the Naples regatta. Emirates Team New Zealand has been sailing AC75 Taihoro for more than five months, working through the 45 days of permitted AC75 testing allowed under class rules.
