Equipment giant Caterpillar Inc. filed amended counterclaims in federal court in Texas on March 24 against Doosan Bobcat in its ongoing patent dispute, and also filed another response with the US International Trade Commission in a related case.
The actions respond to a lawsuit by Doosan and an international trade case against Caterpillar for, it alleges in filings last December, unlawfully obtaining information on its patents for compact equipment such as skid steers, skid steers and compact excavators. Doosan alleges that its patented equipment features and designs were later introduced into Caterpillar’s compact equipment offerings.
Caterpillar now alleges that it was in fact Bobcat’s owner, Doosan, that has closely monitored Caterpillar’s products and technology developments through what the filing calls a “competitive intelligence program.” Caterpillar claims these actions violate US law. The filing alleges that it was Caterpillar equipment that was illegally obtained and reverse engineered by Doosan Bobcat, not the other way around. Caterpillar’s lawyers called the infringement “willful, intentional and deliberate.”
Speaking to reporters at the CONEXPO-CON/AGG trade show in Las Vegas earlier this month, Doosan Bobcat, North America, Inc. president Mike Ballweber said the case was a patent matter that would go through the courts and would not affect Bobcat’s introduction of new compact equipment.
In January, Caterpillar responded to Doosan’s complaint about the ITC, telling the court that Doosan’s actions could undermine the U.S. economy, consumers, workers and businesses in every state where Caterpillar has operations and jeopardize critical U.S. national priorities. In February, Caterpillar filed ex parte reexamination requests with the US Patent and Trademark Office, asking it to reexamine Doosan’s patents that should not have issued because they sought to claim technology that was already known to the public before Doosan applied for its patents.
The March 24 response in federal court amended the counterclaims alleging Doosan’s patent infringement. The amended counterclaims allege that Doosan Bobcat has infringed Caterpillar’s patents for equipment features. Caterpillar’s allegations include: technology to distribute power to machines, including loaders and excavators, commonly known as power distribution systems; an advanced power management system to optimize fuel efficiency and performance in machines including excavators, generally known as advanced power optimization; and an automatic system for keeping attachments level when raising and lowering loads, used by machines, including skid steer loaders and skid steer loaders, commonly 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 motion to improve accuracy, efficiency, control and more during loader operations.” Caterpillar filing states.
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Caterpillar further alleged that a public portion of Doosan Bobcat’s corporate website compared Bobcat equipment to Caterpillar equipment, with a level of similarity that infringed its patents.
“Doosan maintained a website titled ‘Bobcat Advantage’ at bobcatadvantage.com, which contained detailed video and web page comparisons between Doosan equipment and Cat equipment and reflected Doosan’s comprehensive analysis of Caterpillar products and technologies,” the filing says. “…Through this extensive competitive intelligence program, which Doosan now conceals from public view, Doosan obtained detailed knowledge of Caterpillar’s products and technologies and, upon information and belief, Caterpillar’s patents covering those products and technologies, including Caterpillar’s asserted patents.”
In the filing, Caterpillar attorneys say videos used once at the site show it was Doosan Bobcat that was analyzing the Caterpillar equipment. “The ‘Bobcat Advantage’ videos further confirm Doosan’s identification of Caterpillar as a competitor and Doosan’s extensive competitive intelligence on Caterpillar, including the possession and use of Cat machines,” it says.
He also said the website’s source code reveals now-hidden “end-to-end evidence” that the Doosan Bobcat was once displayed there.
Doosan Bobcat, in its original filing, denied that the 14 original patents it filed for machine controls and energy and performance optimization systems had anything to do with the Bobcatadvantage.com website.
