A recent court case in the USA has confirmed a 2010 United States District Court for the eastern District of New York jury that found Powerscreen International, Terex Corporation and two US dealers had been in breach of Metso's patent protection of its mobile screening equipment since 2000. Specifically, the breach is reported as being with regard to Metso's patented lateral folding conveyor. The initial finding was that this breach was 'willful', 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 USA.
In addition to confirming the initial finding, the December 9, 2011 judgement by the court doubled the damages awarded to Metso to €24 million (US31.6 million) covering sales of suspect equipment from 2000 to October 2007. The judgement also stated that Terex will have to pay further damages for sales of equipment that infringed the patent from that date. This will be accounted for later and also doubled. Finally, Terex will also have to pay interest on both amounts.
In a statement, Terex said that these types of patent case are complex and that it strongly believes that the judgement is contrary to both the law and the facts, and that as a result, it will be appealing the judgement and the related injunction. It stressed that the proceedings only covered certain models of Powerscreen equipment that was sold in the USA.
Metso stated that it will continue to actively protect its intellectual property rights with the aim of enhancing fair competition.