The news during the exhibition had created quite a stir and great attention. As always in these cases, proceeding with due care is a must, given the difficulty and delicacy of the issue, so we waited a few days before giving the right space to this information, asking the help of interested parties that it is timely arrived with two press releases (from Homag Group Italia on June 20, from SCM Group) on June 24) that we offer you here below in full versions.
LIGNA 2011: HOMAG proceeds against plagiarists
The HOMAG Group has taken decisive action against the company SCM/Morbidelli, obtaining an interim injunction by court order at the LIGNA 2011. The move was prompted by an imitation of the safety technology safeScan developed and patented by HOMAG Holzbearbeitungssysteme GmbH. The system was unveiled to the trade public a year ago by HOMAG on its BMG series at the Nuremberg Fair. The interim injunction issued by the Regional Court of Hamburg confirms an infringement of German patent 102006052017 B4.
From the afternoon of the second show day, only a part of the original machine concept was still in evidence at the SCM/Morbidelli stand. In the Morbidelli Author m800 processing centre, the light barrier deployed in the safety system had to be removed in order to comply with the injunction. The company’s Accord 30FX and 40FX machines were also affected by the court order.
A patent registered in November 2006 protects the safeScan safety system developed by HOMAG Holzbearbeitungssysteme GmbH. This intelligent safety concept safeguards the machine operator and any other persons located in the vicinity, and is composed of two different sensors. The first is activated on a no-contact basis as soon as anyone penetrates a defined area around the machine. It acts to reduce the feed rate of moving parts such as the unit carrier with its safety enclosure. If the person continues to move closer to the machine and comes into contact with the machine part, the contact sensor is tripped and the machine comes to an immediate stop.
By taking this decisive action, the HOMAG Group with its over 800 registered industrial property rights is sending out an audible signal that it is prepared to protect its intellectual property. Product plagiarism is one of the reasons for the company’s decision to present its innovations to the trade fair public at key fairs such as the LIGNA behind closed doors in its InnovationCenter.
LIGNA 2011: a great success for Scm Group despite Homag wanted to prevent the exhibition of three Morbidelli and Scm working centres.
The HOMAG Group has taken decisive action against the company SCM/Morbidelli, obtaining an interim injunction by court order at the LIGNA 2011. The move was prompted by an imitation of the safety technology safeScan developed and patented by HOMAG Holzbearbeitungssysteme GmbH. The system was unveiled to the trade public a year ago by HOMAG on its BMG series at the Nuremberg Fair. The interim injunction issued by the Regional Court of Hamburg confirms an infringement of German patent 102006052017 B4.
From the afternoon of the second show day, only a part of the original machine concept was still in evidence at the SCM/Morbidelli stand. In the Morbidelli Author m800 processing centre, the light barrier deployed in the safety system had to be removed in order to comply with the injunction. The company’s Accord 30FX and 40FX machines were also affected by the court order.
A patent registered in November 2006 protects the safeScan safety system developed by HOMAG Holzbearbeitungssysteme GmbH. This intelligent safety concept safeguards the machine operator and any other persons located in the vicinity, and is composed of two different sensors. The first is activated on a no-contact basis as soon as anyone penetrates a defined area around the machine. It acts to reduce the feed rate of moving parts such as the unit carrier with its safety enclosure. If the person continues to move closer to the machine and comes into contact with the machine part, the contact sensor is tripped and the machine comes to an immediate stop.
By taking this decisive action, the HOMAG Group with its over 800 registered industrial property rights is sending out an audible signal that it is prepared to protect its intellectual property. Product plagiarism is one of the reasons for the company’s decision to present its innovations to the trade fair public at key fairs such as the LIGNA behind closed doors in its InnovationCenter.
And here is the official answer by the Italian Group.
LIGNA 2011: a great success for Scm Group despite Homag wanted to prevent the exhibition of three Morbidelli and Scm working centres.
SCM Group believes that Homag’s preliminary injunction during the international exhibition in Hanover was solely intended to obstruct the display of three machines fitted with several innovative and competitive solutions on the occasion of the main international show of the industry.
Proofs are the following facts:
1. the patent object of the injunction contains minor inventive steps and does not concern machining nor basic technological aspects. It relates to the safety system of the working centre activated by photocells.The device used by Scm group, does not differ from many applications in use on tool machinery since the end of the Nineties. The patent, filed in 2006, is valid only in Germany and at this point in time it has never been granted outside German territory.
2. the legal action obtained by Homag was based only on Homag’s statements without giving SCM Group the possibility to present the court with its defence.
3. the three Morbidelli and Scm machining centres on show at Ligna fitted with the safety system with the argued photocells are advanced technologies particularly successful on the market, including Germany. The safety photocells are not an essential part of the systems.
4. t is unusual to sustain the coverage over an entire machine against a patent connected to an ordinary device valid only in Germany. Several appearances of it will be demonstrated. Therefore, Scm Group persevered in advancing its complaints and in a matter of a few hours a temporary agreement was made.
5. while waiting to demonstrate at the right time and place the inconsistency of the patent, Scm Group removed the photocells and presented the machines in their full operation.
6. Scm Group believes that its solution is different to that of Homag and is safer than others applied today on the market.
Patent issues are a particularly delicate matter and, under normal industrial relations, in similar cases the first action calls for a discussion amongst engineers.
There would have been time to deal with the details of the patent in a constructive manner, having Scm Group already presented the same solution on its working centres at Technodomus, another international exhibition which took place in April 2010; we have not since received any notification.
Patent issues are a particularly delicate matter and, under normal industrial relations, in similar cases the first action calls for a discussion amongst engineers.
There would have been time to deal with the details of the patent in a constructive manner, having Scm Group already presented the same solution on its working centres at Technodomus, another international exhibition which took place in April 2010; we have not since received any notification.
Scm Group has undertaken actions to prove the nullity of the disputed patent DE 102006052017 B4.
Scm Group confirms that its working centres are entirely respondent to the European safety standards and are free from any patent obligation, even on German territory.
Scm Group thanks all customers, distributors and competitors who have expressed their appreciation.
HOMAG GROUP vs SCM GROUP
ultima modifica: 2011-06-27T00:00:00+00:00
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