Truck News

Feature

Eaton wins battle for injunction (November 01, 2001)

CLEVELAND, Ohio -Delaware U.S. District Court Chief Judge Joseph Farnan has handed down an injunction in favor of Eaton Corp. in its patent infringement lawsuit against ArvinMeritor.The injunction pro...


CLEVELAND, Ohio –Delaware U.S. District Court Chief Judge Joseph Farnan has handed down an injunction in favor of Eaton Corp. in its patent infringement lawsuit against ArvinMeritor.

The injunction prohibits further manufacture or sale of any ArvinMeritor truck transmissions that incorporate the ESS shift automation system and any colorable variations thereof. The court has yet to rule on the amount of damages due to Eaton.

In its lawsuit, Eaton claimed that the Rockwell “ESS” transmission – manufactured and sold first by Rockwell, and then by Meritor and ArvinMeritor – infringed an Eaton patent which covers a specific clutch-less shifting system. The technology is used in its current Eaton Fuller AutoShift transmissions, as well as other partially and fully-automated transmissions in its product line.

The system allows shifting of heavy-duty truck transmissions without requiring use of the vehicle’s master clutch. A jury verdict in favor of Eaton was entered July 1, 1998, finding that Rockwell and Meritor “willfully infringed” upon Eaton’s technology.

“We believe that the jury and the court gave careful and deliberate consideration to this case, and that the correct result was reached,” says Tim Morscheck, vice-president and general manager of Eaton’s Truck Electronics Systems Division. “We welcome fair competition in the marketplace, but we refuse to compete against our own patented technology.”

There will be an appeal launched against the decision explains ArvinMeritor.

Judge Joseph Farnan of the U.S. District Court for the District of Delaware issued Eaton’s requested injunction prohibiting ArvinMeritor from producing and selling ESS transmissions and denied ArvinMeritor’s motion for stay of injunction pending appeal.

“We are disappointed that the District Court issued this injunction in Eaton’s favor,” says Vernon Baker, senior vice-president and general counsel, ArvinMeritor. “ArvinMeritor and its predecessor, Rockwell International Corporation, have believed from the beginning that Eaton’s suit was without merit and ArvinMeritor will appeal.”

Morscheck adds he is confident the ruling will be upheld.


Truck News

Truck News

Truck News is Canada's leading trucking newspaper - news and information for trucking companies, owner/operators, truck drivers and logistics professionals working in the Canadian trucking industry.
All posts by

Print this page


Have your say:

Your email address will not be published. Required fields are marked *

*