The tiff between JCB and Manitou regarding the patent infringement dispute

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The tiff between JCB and Manitou regarding the patent infringement dispute

By Vijay Chauhan

The legal dispute over tele-handler patents between French heavy equipment manufacturer Manitou and JCB continues after ruling of a Paris Court in February, 2021 which upheld certain JCB claims but rejected others. The litigation is associated with infringement of the French part of two European patents relating to certain features concerning the ‘control system of the overload cut-off of certain telescopic forklift trucks.’ The case was initiated by JCB in May 2017, and the Paris based Tribunal de Grande Instance (Court of First Instance) in 2019 granted a provisional 

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JCB’s CEO, Graeme Macdonald said, “JCB 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.” He continued that 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.” however, Manitou in a press release stated that, “The Court's decision reinforces the position of Manitou, which has always contested the merits of the plaintiff's action and the disproportionate nature of its claims. The group will continue to firmly defend itself against infringement allegations of three patents claimed by JCB.”

By Vijay Chauhan