Filings in both Texas district court and the International Trade Commission, escalate equipment patent dispute
After being sued by Doosan Bobcat last December over patents for compact equipment, Caterpillar, Inc., has filed a new amended counterclaim in federal court in Texas on May 26, now alleging violations of Section 337 of the Tariff Act of 1930, claiming that South Korea-based Doosan Bobcat is violating Caterpillar patents and illegally importing equipment that does so. The equipment manufacturing giant is asking for relief for its U.S.-based workers and operations up to investigating Doosan and stopping importation of its equipment.
Caterpillar initially filed its counterclaim back in March in federal court in Texas, alleging Bobcat infringed on six patents covering loader attachment leveling, power distribution systems, fuel optimization systems, and machine throttle technologies. Caterpillar has also filed its claim with the International Trade Commission this month to prevent Doosan Bobcat from importing products it claims infringe on the Caterpillar patents. The Irving, Texas-based equipment manufacturer also asked the commission to institute a Section 337 investigation which, itself, could temporarily halt importation of Doosan Bobcat products while an investigation takes place.
«Caterpillar is seeking to address the unlawful importation and sale of products by Doosan that the company believes incorporate current Caterpillar innovations and infringe valid and enforceable Caterpillar patents that collectively represent a decade of innovation and sustained investment and that have earned our machines their reputation for reliable and efficient operation,» the company said in a statement upon its filing with the commission.
The Bobcat brand dates back to 1957, and was acquired by Doosan in 2007. Doosan Bobcat initially accused Caterpillar of violating 14 of its patents, including ones for Sticksteer, Bobcat’s remote joystick machine control; and E-fence, its geofencing safety software.
Doosan Bobcat’s original complaint repeatedly references another recent patent case involving Caterpillar, Wirtgen America Inc. v. Caterpillar Inc. Wirtgen America, a maker of roadbuilding equipment, was acquired by John Deere in 2017. Shortly after it alleged in a lawsuit that Caterpillar’s road-milling machines infringed on several of its patents related to cold-milling technology. A federal jury awarded Wirtgen $12.9 million in damages in that case and the judge in the case awarded more damages beyond the jury award.
Doosan Bobcat did not immediately return requests for comment on the case.
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