US equipment giant claims South Korean owner of American rival manufacturer spied on its own product designs, says Bobcat shouldn’t have been granted patents in question
U.S. equipment giant Caterpillar Inc. filed amended counterclaims in federal court in Texas on March 24 against Doosan Bobcat in an ongoing patent dispute, and also filed another response with the U.S. International Trade Commission in a related case.
The actions come in response to a lawsuit by South Korea-based Doosan and an international trade case against Caterpillar for illegally obtaining information involving its patents for compact equipment such as skid steers, compact loaders and compact excavators, it alleges in its filings last December. Doosan, which owns U.S. manufacturer Bobcat Co., alleges that its patented equipment features and designs were then introduced into Caterpillar’s own compact equipment offerings.
Caterpillar, in turn, now alleges that Doosan has closely monitored its products and technological developments through what the filing calls a «competitive intelligence program.» Caterpillar claims these actions are in violation of U.S. law. The filing alleges that it was Caterpillar’s equipment that was illegally obtained by Doosan Bobcat and reverse engineered, not the other way around. Caterpillar attorneys called the infringement «willful, intentional, and deliberate.»
Speaking with reporters at the CONEXPO-CON/AGG trade show held in Las Vegas earlier this month, Doosan Bobcat North America Inc. President Mike Ballweber said the case was a patent matter that would work its way through the courts and would not impact the firm’s introduction of new compact equipment.
In January, Caterpillar responded to Doosan’s commission complaint. It said that Doosan’s actions could undermine the U.S. economy, consumers, workers and businesses in every state where Caterpillar operates and jeopardize critical U.S. national priorities. In February, Caterpillar filed ex parte reexamination requests with the U.S. Patent and Trademark Office, asking it to reexamine Doosan patents that should not have been issued because they attempt to lay claim to technology that was already known to the public before Doosan ever filed for its patents.
The March 24 response in federal court amended counterclaims asserting patent infringement by Doosan. The amended counterclaims assert that Doosan Bobcat has infringed on Caterpillar patents for equipment features. Caterpillar’s allegations include: technology for distributing power in machines, including loaders and excavators, usually known as energy distribution systems; an advanced power management system for optimizing fuel efficiency and performance in machines including excavators, usually known as advanced energy optimization; and an automatic system for keeping attachments level when lifting and lowering loads, used by machines, including compact track loaders and skid steer loaders, usually known as machine control and guidance.
«Through decades of research and development, Caterpillar engineers developed advanced control architectures that coordinate engine output, hydraulic systems, and implement movement to improve precision, efficiency, control, and more during loader operations.» Caterpillar’s filing states.
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Caterpillar further alleges that a once-public part of Doosan Bobcat’s corporate website compared Bobcat equipment to Caterpillar equipment, with a level of similarity that infringed on its patents.
«Doosan maintained a website titled ‘Bobcat Advantage’ at bobcatadvantage.com, which contained detailed video and webpage comparisons between Doosan equipment and Cat equipment and reflected Doosan’s extensive analysis of Caterpillar products and technologies,» the filing reads. «…Through this extensive competitive intelligence program—that Doosan now conceals from public view—Doosan gained detailed knowledge of Caterpillar’s products and technologies and, on information and belief, Caterpillar’s patents covering those products and technologies, including the Asserted Caterpillar Patents.»
In the filing, attorneys for Caterpillar say videos once used on the site prove it was Doosan Bobcat that was analyzing Caterpillar equipment. «The ‘Bobcat Advantage” videos further confirm Doosan’s identification of Caterpillar as a competitor and Doosan’s extensive competitive intelligence about Caterpillar, including the possession and use of Cat machines,» the document reads.
It also said the source code of the web page reveals the now hidden «head to head tests» Doosan Bobcat once displayed there.
Doosan Bobcat, in its original filing, denied that the original 14 patents it filed for machine controls and energy and performance optimization systems had anything to do with the Bobcatadvantage.com website.
