JCB wins preliminary injunction in France
A French court has granted construction equipment manufacturer, JCB, a preliminary injunction against a competitor.
JCB announced the news in a statement on Friday, February 22. It said the Tribunal de Grande Instance (Court of First Instance) had ordered a French company, Manitou, to stop making telescopic handlers which JCB claims infringe one of its patents.
The patent covers a claim for an invention which aims to solve a problem with the sensors used on the rear axle of telescopic handlers. The sensors monitor weight and lock the lift system when the load on the rear axle drops below a pre-set threshold.
According to JCB’s statement, its patented invention disengages the sensor system when the telescopic handler is moving, preventing false readings from the effects of travelling over rough ground.
The court ordered Manitou to stop using the device by March 13 with a penalty of €1,000 ($1,135) per infringement and to pay €25,000 of JCB’s litigation costs.
However, the court also acknowledged that Manitou had already ceased using the device some time ago.
In a statement on February 22, Manitou said the court’s decision will have “no impact on the business of Manitou, its dealers or equipment users”.
It said the models which allegedly infringed JCB’s patents were produced and sold before August 2017. The company said these models had been discontinued and are no longer made by the company.
Graeme Macdonald, CEO of JCB said it will not tolerate any copying or infringing of its intellectual property, wherever in the world it may occur.
“We invest many millions of pounds in developing and patenting innovative and sophisticated engineering solutions which benefit our customers all over the world,” Macdonald said.
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