Appeal court overturns Metso patent infringement ruling

By Helen Wright16 May 2013

The United States Court of Appeals for the Federal Circuit has rejected a 2011 ruling that Powerscreen, Terex and two US dealers had breached Metso's patent protection of its mobile screening equipment.

Metso said the earlier favourable decision had been reversed by the appeals court, and its patent was now held to be invalid. The case involves Metso's lateral folding conveyor patent rights related to mobile crushing and screening plants.

At the end of 2011, a US court confirmed a 2010 ruling that found the defendants in breach of Metso's patent protection of its mobile screening equipment since 2000. The initial finding was that this breach was 'wilful', therefore Metso was awarded damages of € 12 million (US$ 16 million).

In July 2011, the court barred Terex from selling any of the offending screening equipment in the US.

In addition to confirming the initial finding, the December 9, 2011, judgement by the court doubled the damages awarded to Metso to € 24 million (US$ 31.6 million) covering sales of suspect equipment from 2000 to October 2007.

Metso said it would seek reversal of the new Court of Appeals' decision, by further appeal if necessary. It added that the final outcome of the lawsuit would be expected within 2014.

“Metso has not booked any compensation in its financial results based on the earlier decisions related to this case; and will do so, if any, only when the final outcome of the lawsuit is clear, earliest in 2014,” the manufacturer added.

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