“They have been informed a few years ago they should cease and desist,” Stuart says. “As soon as our lawsuit is done, we will be weighing our options.” However, he says, a decision has not yet been made whether to pursue legal action.

At Aggregates Manager press time, Terex told our publication that it was planning to file its appeal with the Court of Appeals for the Federal Circuit specialized court for patent appeals on or before the Jan. 8, 2012, deadline.

Tom Gelston, vice president of investor relations for Terex Corp., says the lawsuit is an “ongoing, complex case.” He notes that Terex feels that the jury decision “was contrary to both the law and the facts.” Terex says it is important to note that the judgment and injunction only relate to certain models of Powerscreen mobile screening plants with the alleged infringing folding side conveyor design that were sold in the United States.

According to Terex, these models have been updated with Powerscreen’s new proprietary S range of conveyors, which the company says has better stockpiling capability than previous models.

Because the case is still open, Gelston says Terex is limiting its comments, but is confident that “we [Terex] will ultimately prevail.”

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