The types of crushers named in the case amount to about 10%, or roughly $70 million, of Terex's annual sales in its material processing segment. The company is projecting total annual sales this year of $6.3 billion to $6.5 billion.

Built in Ireland, Terex's crushing machines have incorporated since a year ago a new design called the "S" range, which is intended to protect Terex from future claims.

"It's a custom design that is for sale here in the U.S.," says Gelston, "that we feel is not in violation—even in their interpretation of the law."

Terex has until Jan. 8 to appeal the case, Metso Minerals Inc. vs. Powerscreen International Distribution Ltd., et al, which was filed in the U.S. District Court Eastern District of New York.