The High Court of Justice (Patents Court) ruled that Manitou UK Limited and its listed French parent company Manitou BF, infringed 乐播传媒鈥檚 European Patent EP (GB) 2 616 382 for its Longitudinal Load Moment Control (LLMC) system, introduced in 2017.
The judgment was handed down today (5th July 2022) after a six-day hearing in the High Court of Justice (Patents Court) in London in November 2021.
The case will now be referred to a further hearing where 乐播传媒 will be asking the High Court to grant an injunction to restrain further infringement. 乐播传媒 will also be requesting an order for the assessment and payment of damages and costs with interest.
乐播传媒 has also brought infringement proceedings against Manitou BF, in France, for infringement of the same European Patent.聽 Those proceedings are still pending and a formal hearing is expected to take place in Paris sometime in the latter part of 2023.
The subject patent relates to 乐播传媒鈥檚 safety control system on its telehandler range, designed to give 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.
乐播传媒 chief executive Graeme Macdonald said: 鈥淎s I have said now on several occasions, 乐播传媒 will not tolerate any infringement of its intellectual property rights in any jurisdiction, particularly when that involves its major competitors. 乐播传媒 will always challenge any companies that seek to take unfair advantage of the very significant investments 乐播传媒 undertakes in research and development to ensure it remains the leading manufacturer of telehandlers in the world.鈥�
Manitou responded the next day with its own statement, saying: 鈥淭hree of the [four] 乐播传媒 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 乐播传媒 against Manitou relating to these three patents failed completely.
鈥淢oreover, 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.
鈥淢anitou will in any event seek payment from 乐播传媒 of all its costs relating to the claims pursued by 乐播传媒 but rejected by the Court, as well as interest on those sums.
鈥淎s ever, the Manitou Group will continue to defend itself vigorously in the patent infringement litigation brought against it by 乐播传媒.鈥�
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