Through in the United Kingdom, After a bruising clash between France and Italy, British mechanical engineering manufacturerJCBCompany with the French Manitoun company (Manitou) Finally settled their dispute over the patent for the telescopic arm forklift. The dispute began6Before the New Year, Refer to3A European patent and a seizure (saisie-contrefaçon) act.

JCBBoth the company and Manitong have their own operations in the construction and agricultural vehicle markets. At present, The parties have confirmed the conclusion of ongoing patent proceedings. The two companies wrote in a joint statement: "By mutual consent, Manitong Corporation andJCBThe company decided to end all patent infringement litigation. These begin with2017years5Month of dispute involved3A European patent, And in France, A series of legal actions have been launched in Britain and Italy. The conclusion of these disputes will not have any effect on the current and future activities of the parties or the characteristics of the products sold by each party. " The original dispute between the two sides involved a type of forklift known as a telescopic arm, A hydraulic lift that can be used to carry heavy loads such as hay bales, And entered the European Patent Office (EPO) Program of. merely, These disputes were settled before the two sides chose to go to court in the UK.

Background overview

2017years, JCBCompanies in the United Kingdom, Italy and France have it4A patent infringement lawsuit was filed against Manitong. 2022years6month, The High Court in London ruled that3The patent is invalid. Presiding Judge Richard．Haken (Richard Hacon) In order to "Compared to the existing technology is obvious" Judge by reasonEP1532065, GB2390595BandEP2263965B9Invalid patent No.

In addition, The judge also held that No4Item number isEP2616382B3The patent is valid, And pointed out that Manitong's current production3The machine infringes the patent. however, According to Manitong, It is no longer sold and is considered infringingEP2616382B3Product of patent No. This ruling, though, puts the pause button on disputes that have arisen in Britain, But lawsuits are still ongoing in Italy and France.

2018years, inJCBThe company accused Manitong of violatingEP1532065andEP2263965B9After the patent, A court in France issued a seizure order to collect evidence. however, Manitong appealed the decision. The company claims, Two are employedJCBIt's unfair that the company's patent attorneys are involved in the seizure, This is because according to "Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) " The first6Article No1The provisions of paragraph, These patent lawyers struggle to be objective.

Although the trial judge rejected Manitong's request to quash the tortious seizure order, But the French manufacturer has continued to appeal against the decision. 2018years3month, The Paris Court of Appeal overturned the first judgment, The decision was upheld by the Supreme Court.

2019years1month, In determining1840Type telescopic arm forkloading infringedJCBcorporateEP2263965B9After the patent, The Paris Court of Justice issued an injunction against Manitoun. 2021years2month, The court declaredEP1532065The claims of Patent No. 2 are invalid, meanwhileEP2263965B9Some of the claims of Patent No. 1 are also invalid. however, The court still finds that Manitong violatedEP2263965B9unpatented2claim.

At the same time, The Italian courts rejected itJCBThe company is asking for a preliminary injunction against Manitong. (Be compiled fromwww. juve-patent. com)

TRANSLATORS: Liu Peng　proofread: Wang Dan



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