“JCB and Manitou End Patent Litigation Over Construction and Agricultural Vehicles”

After years of legal battles spanning across multiple European countries, J.C. Bamford Excavators (JCB) and Manitou, two major players in the construction and agricultural vehicle market, have mutually agreed to end all patent infringement litigation. The disputes, which began in May 2017, involved three European patents and resulted in a series of legal proceedings in France, the United Kingdom, and Italy.

The original dispute revolved around a hydraulic lifting machine known as a telehandler, used for carrying heavy loads such as hay bales. The litigation also involved proceedings with the European Patent Office (EPO), which concluded before the UK litigation.

In 2017, JCB initiated infringement proceedings against Manitou in the UK, Italy, and France, over four of its patents. The High Court in London ruled in June 2022 that three of these patents were invalid due to obviousness over the prior art. The fourth patent was found to be valid, and three of Manitou’s current machines were found to infringe upon it. Manitou, however, stated that it had ceased selling products that infringed upon this patent.

The legal battle also extended to France, where a court ordered a saisie-contrefaçon to gather evidence after JCB accused Manitou of infringing patents EP 065 and EP 965. Manitou appealed this decision, arguing that the involvement of two patent attorneys hired by JCB in the seizure was unfair. The Paris Court of Appeal overturned the first-instance judgment in March 2018, a decision upheld by the Supreme Court.

In January 2019, the Judicial Court of Paris issued an injunction against Manitou after finding that the 1840 telescopic handlers infringed JCB’s EP 965. In February 2021, the same court invalidated the claims of EP 065 and partially invalidated the claims of EP 965. However, it also found that Manitou had infringed two claim parts of the 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.

The legal teams representing the two companies were spread across Europe. In the UK, London-based mixed patent firm Marks & Clerk represented Manitou, with partner Dafydd Bevan leading the case. Baker McKenzie represented 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. The company also relied on patent attorney firm Ipsilon for patent filing. The French office of Hoyng ROKH Monegier, with 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.

The joint statement released by the two companies stated that the end of these disputes would not impact the present and future activity of both parties, nor the characteristics of the products marketed by each of them. This marks the end of a long-standing legal battle that has spanned multiple years and countries, bringing a sense of closure to both companies and their respective legal teams.