JCB is seeking to protect its stability control systems IPBoth sides appear to be claiming victory in the latest round of the patent tussle between JCB and Manitou.
The High Court of Justice (Patents Court) in London this week found that Manitou UK Limited and its listed French parent company, Manitou BF, infringed JCB’s European Patent EP (GB) 2 616 382 relating to stability control systems on telehandlers.
The judgment followed a six-day hearing in the High Court in London in November 2021.
The case will now be referred to a further hearing where JCB will be asking the High Court to grant an injunction to restrain further infringement. JCB will also be requesting an order for the assessment and payment of damages and costs with interest.
Manitou, meanwhile, stresses that three of the JCB patents considered at trial were found to be invalid in their entirety: European Patent EP 1 532 065 B2 (EP 065), its UK equivalent GB 2 390 595B (GB 595) and European Patent EP 2 263 965 B9 (EP 965). Consequently, all infringement claims brought by JCB against Manitou relating to these three patents failed completely.
“Moreover, the Court held that only certain features of telehandlers sold in the past infringed the fourth patent, European Patent EP 2 616 382 B3 (EP 382),” the company says in a statement. While reserving the right to appeal this judgment, Manitou confirms it does not have a significant impact on its business in the UK, nor on the business of its customers.
Manitou says it will now seek payment from JCB of all its costs relating to the claims pursued by JCB but rejected by the Court, as well as interest on those sums.
In his reaction to the ruling, JCB CEO Graeme Macdonald said: “JCB will not tolerate any infringement of its intellectual property rights in any jurisdiction, particularly when that involves its major competitors. JCB will always challenge any companies that seek to take unfair advantage of the very significant investments JCB undertakes in research and development to ensure it remains the leading manufacturer of telehandlers in the world.”
Meanwhile, the stoush will continue in Paris, with JCB also challenging Manitou BF in France for infringement of the same European Patent.
Those proceedings are expected to begin in the latter part of 2023.
The actions relate to patents for JCB’s l safety control system on its telehandler range which allows greater productivity and reach. The UK ruling found infringement by a significant number of Manitou's telehandler models, including machines in its current product offering. Manitou unsuccessfully challenged the validity of the patent, which is due to expire in September 2031.