JCB and Manitou settle litigation over telehandler patents

J.C. Bamford Excavators (commonly known as JCB) and Manitou, which both operate in the construction and agricultural vehicle market, have confirmed the end of ongoing patent litigation proceedings. A joint statement reads, “Manitou BF and JC Bamford Excavators Limited have decided, by mutual agreement, to put an end to all patent infringement litigation. The disputes initiated from May 2017 concerned three European patents and led to a set of legal proceedings in France, the United Kingdom and Italy.

“The end of these disputes has no impact on the present and future activity of both parties, nor on the characteristics of the products marketed by each of them.” The original dispute, which concerns a hydraulic lifting machine known as a telehandler which is used to carry heavy loads, such as hay bales, also involved EPO proceedings. However, these ended prior to the UK litigation.

Three out of four

In 2017, JCB brought infringement proceedings against Manitou in the UK, Italy and France, over four of its patents. In June 2022, the High Court in London concluded that three were invalid – presiding judge Richard Hacon invalidated EP 15 32 065, its UK equivalent GB 23 90 595 B, and EP 22 63 965 B9 for obviousness over the prior art.

The judge found the fourth patent EP 26 16 382 B3 valid, concluding that three of Manitou’s current machines infringed the patent. However, according to Manitou, the company no longer sold products deemed to infringe EP 382. At the time, the decisions paused the UK arm of the dispute, although proceedings were also ongoing in Italy and France.

Active in the south

In 2018, a French court ordered a saisie-contrefaçon to gather evidence after JCB accused Manitou of infringing patents EP 065 and EP 965. However, Manitou lodged an appeal against this. It claimed that the involvement of two patent attorneys hired by JCB in the seizure was unfair, since the patent attorneys were not impartial based on Article 6 §1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

The first-instance judges rejected Manitou’s motion for withdrawing the infringement seizures order, but the French manufacturer appealed this decision. In March 2018, the Paris Court of Appeal overturned the first-instance judgment, a decision which was also upheld by the Supreme Court.

In January 2019, the Judicial Court of Paris issued an injunction against Manitou after the court found that the 1840 telescopic handlers infringed JCB’s EP 965. February 2021 then saw the same court invalidate the claims of EP 065 as well as partially invalidating the claims of EP 965. However, the court also found that Manitou had infringed two claim parts of latter. A further hearing had been scheduled for the second half of 2023.

Meanwhile, an Italian court dismissed JCB’s application for a preliminary injunction against Manitou.

Firms across Europe

In the UK, London-based mixed patent firm Marks & Clerk has represented Manitou since 2005, with partner Dafydd Bevan leading the case. Baker McKenzie represents JCB, with the team headed up by partner Hiroshi Sheraton.

In the French proceedings, Manitou hired mixed firm Loyer & Abello, which had previously litigated for the construction machinery manufacturer. But the company also relies on patent attorney firm Ipsilon for patent filing. The French office of Hoyng ROKH Monegier, and specifically partners Sabine Agé and Caroline Levesque, took over the matter for JCB at the appeal stage.

In Italy, partner Laura Orlando led the team at Herbert Smith Freehills for JCB, while Gustavo Ghidini assisted the French Manitou BF s.a., alongside Studio Legale Cavani. The latter worked for the Italian Manitou affiliate.