13 Apr 2021

JCB to appeal patent ruling

JCB will appeal the ruling of the Paris Court of Justice (Tribunal Judiciaire) which found Manitou guilty of infringement of certain JCB patent claims.

In a mixed ruling, the court rejected one part of JCB's claim of infringement of two European patents relating to certain features concerning the control system of the overload cut-off of certain telescopic forklift trucks, but also awarded JCB damages of EUR150,000 (USD180,000) plus legal costs - a long way short of JCB's initial claim of EUR190 million (USD230 million).

JCB is also taking legal action over the two European Patents (the 065 patent and 965 patent) in the UK and Italy.

JCB CEO Graeme Macdonald says his company will not tolerate any infringement of its intellectual property rights. "It was evident to the court in 2019 that it felt JCB's rights were appropriate to protect when it issued a preliminary injunction and instructed Manitou to cease production of certain models. For a different French court to then dismiss certain parts of our claims is difficult to comprehend, and so JCB will be appealing the decision of the Tribunal Judiciaire and continue to vigorously pursue each of the various other pending infringement claims in the relevant jurisdictions."

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* Article from Forklift Action News