RIMINI, ITALY -- SCM Group issued a statement rebutting a recent claim by Homag Group that SCM has violated the patent of Homag's safeScan technology.
The dispute initially occurred during the second day of the Ligna woodworking show in Hannover, Germany, and continued when Homag of Schopfloch, Germany,issued a press release dated June 19 alleging that SCM had violated its patent.
"SCM Group confirms that its working centers are entirely respondent to the European safety standards and are free from any patent obligation, even on German territory, concludes in its release.
Following is the full text of SCM Group's response to Homag's patent infringement allegation.
LIGNA 2011: a great success for SCM Group
despite Homag wanted to prevent the exhibition
of three Morbidelli and SCM working centers.
SCM Group believes that Homagâs 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 center 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 1990s. 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 Homagâs statements without giving SCM Group the possibility to present the court with its defence.
3. The three Morbidelli and SCM machining centers 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. It 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 centers 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 centers 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 c competitors who have expressed their appreciation.
Rimini, June 24, 2011
Posted by Rich Christianson
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