27.04.2004

Liebherr strikes Terex off patent perch

“Terex did not win a general prohibition for Y-type guying systems of any kind,” according to a recent statement issued by Liebherr in the latest phase of the Liebherr/Terex-Demag boom design courtroom battle.

According to Liebherr, the ruling, which prohibits it from manufacturing, offering for sale, putting into circulation and making use of its 'Y-Guy' boom suspension system for mobile cranes, issued at Mannheim district court in Germany and announced by Terex-Demag at the bauma 2004 exhibition last month, (see News April 2, 2004) “solely relates to a very special variant of Y-type guying systems, which, for the rest is outdated.”

Liebherr’s full statement is as follows;

Recently, Terex circulated by press releases having won a patent law-suit against Liebherr-Werk Ehingen GmbH in respect to the Y-type guying systems on Liebherr AT-cranes [all-terrain], according to which Liebherr must cease the production and sales of Y-type guying systems.

In this connection, it should be mentioned that the object of the decision of the trial court solely relates to a very special variant of Y-type guying systems, which, for the rest, is outdated. Contrary to another statement, Terex did not win a general prohibition for Y-type guying systems of any kind.

Moreover, this concerns a decision of the first instance, against which Liebherr-Werk Ehingen GmbH will lodge an appeal. After all, cancellation proceedings are pending against protective rights on which this patent action is based.

Due to the right of appeal, and any possible settlement negotiations, the outcome of the action remains entirely open and a legally binding decision is not to be expected within the near future.

**Terex Demag’s SSL system is an attachment for telescopic booms which increases a crane’s lifting capacity, particularly when lifting with the boom in near vertical position at a low radius. Like the Terex Demag technology, Liebherr’s ‘Y-guy’ system provides lateral support to telescopic booms, again enhancing lift capacities when the boom is in a near vertical position.**