Rototilt Group AB is an innovative Swedish family-owned business with a strong tradition and driving force to be at the forefront of developing products for a safer, smarter and more efficient working environment for the world's heavy equipment contractors.

Rototilt has an approved patent from the European Patent Office (EPO) for technology within safety locks for tiltrotators. Based on this invention, Rototilt has developed the SecureLock™ safety lock. Despite the fact that Engcon has been aware for many years that Rototilt is the owner of the patent and that Rototilt believes that Engcon's safety lock Q-Safe™ capitalises on the patented invention, Engcon has continued the capitalisation without consent.

“It feels incredibly sad to end up in this process. Of course, we are willing to let other stakeholders use the technology, but only after a licence settlement. We have been trying to reach an agreement with Engcon for many years, but it has been met with disinterest. We have no choice but to defend our invention", says Anders Jonsson, CEO of Rototilt Group AB and also one of the inventors behind the patent.

In order to be a leading innovative force, Rototilt works with an active patent strategy and currently has a number of active patents.

“New inventions are a prerequisite for the technological development of the industry. Our designers come up with new solutions to difficult problems all the time. Thanks to the patent system, it is possible to initially invest large amounts of money in order to hope for a return in the long term", says Anders Jonsson.

It is in light of this, that is, to defend an invention and a patent, that Rototilt has filed an application for a summons against Engcon with the Patent and Market Court for, among other things, damages of just over SEK 120 million and a ban on continued capitalisation. 

Background

In order to counteract the risks that exist when changing work tools on excavators, something that every year causes a number of workplace accidents, Rototilt's CEO Anders Jonsson, together with the company's technical manager Niklas Bjuhr initiated a methodical work method to solve this problem.

• 2010 Rototilt submits its first patent application in Sweden
• 2011 Rototilt files an international patent application, which is later completed as a European patent application.
• 2013 Rototilt launches its first product (SecureLock™) within the framework of this development work.
• In 2014, Engcon launches a similar product (Q-Safe™) that Rototilt believes constitutes an infringement on the company's patent application.
• As early as in 2015, Rototilt states that Engcon risks infringing the scope of protection of the patent application.
• On 15 January 2020, the European Patent Office (EPO) approves the patent.
• On 25 June 2020, that is just over 5 months after the patent was announced, Rototilt sent a second letter to Engcon with information about the patent and raised the issue of an agreement for a licensing solution.
• In addition, between 2020 and 2022, Rototilt has in further correspondence declared its willingness to reach an agreement in the form of a licence for Engcon's exploitation of Rototilt's invention. However, Engcon has disputed the infringement and has not been interested in any agreement.
• In 2021, Engcon raises an objection to the European patent received by Rototilt.
• Engcon's objection is rejected in its entirety by the EPO's opposition division following a legal proceeding on 27 January 2022.
• In May 2022, Rototilt submitted a final claim to Engcon, including a detailed calculation of damages and a request for payment of just over SEK 120 million which was rejected in a few days. Rototilt clearly stated that a court process would then be inevitable.
• On 18 June 2022, in just over a week, the time period for Engcon to submit grounds for its appeal against the decision to uphold the European patent to the highest instance at the EPO expires. To counteract a lengthy and expensive process, Rototilt therefore chooses to now take legal action against Engcon for patent infringement. 

About the summons

Rototilt Group AB has filed an application for a summons against the companies Engcon AB, Engcon Sweden AB and Engcon Nordic Aktiebolag with the Patent and Market Court. This for infringement of patented technology consisting of sensors arranged in the lower bracket of the tiltrotator that communicate via electric swivel. The technology enables, among other things, Rototilt's safety solution SecureLock™. The summons relates to the tiltrotators that are equipped with Engcon's safety solution Q-Safe™ and have been manufactured, sold or handled since 15 January 2020.

Rototilt is seeking damages at an amount of just over SEK 120 million for Engcon's estimated sales from the granting of the patent being announced in 2020 until the end of 2022. The calculation may be adjusted during the court process. Claims for damages for the period from 2023 may also apply. The patent can be maintained until 15 November 2031.

For more information, please contact:

Anders Jonsson, CEO, Rototilt Group AB
+46 70-590 09 49, anders.jonsson@rototilt.com

Fredrik Berggren, Head of Communications, Rototilt Group AB
+46 70-638 13 55, fredrik.berggren@rototilt.com