News

JCB and Manitou in UK court

On July 5th 2022, the High Court of Justice (Patents Court) in London 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, JCB reports. This judgment followed a 6-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.

The subject patent relates to JCB’s long-established 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 depending on their date of release, including machines in its current product offering. Manitou unsuccessfully challenged the validity of the patent, which is due to expire in September 2031.

JCB CEO Graeme Macdonald said, “As I have said now on several occasions, 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.”

JCB has also brought infringement proceedings against Manitou BF, in France, for infringement of the same European Patent. Those proceedings are still pending and a formal hearing is expected to take place in Paris sometime in the latter part of 2023.

Manitou has its say
In response, Manitou has stated: the High Court in London today handed down its judgment in the patent infringement litigation brought by J. C. Bamford Excavators Ltd (JCB) against Manitou BF and Manitou UK Ltd relating to four of JCB’s patents. 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). 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 will in any event 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. As ever, the Manitou Group will continue to defend itself vigorously in the patent infringement litigation brought against it by JCB, the French manufacturer concluded.

Got a news story? Email news@earthmoversmagazine.co.uk.