After being sued by Doosan Bobcat last December over compact equipment patents, Caterpillar Inc. filed a new amended counterclaim in federal district court on May 26, now alleging violations of Section 337 of the Tariff Act of 1930. It claims South Korea-based Doosan Bobcat is violating Caterpillar’s patents and illegally importing equipment. The US equipment manufacturing giant is seeking relief for its American-based workers and operations, an investigation into Doosan Bobcat and a halt to the importation of its equipment.
Caterpillar initially filed its counterclaim in March in a federal district court in Texas, alleging that Bobcat infringed six patents covering loader attachment leveling, power distribution systems, fuel optimization systems and machine acceleration technologies. Caterpillar also filed its claim with the International Trade Commission this month to prevent Doosan Bobcat from importing products it claims infringe on the US company’s patents. The Irving, Texas-based equipment maker also asked the commission to initiate a Section 337 investigation that could temporarily halt the importation of Doosan Bobcat products while an investigation is conducted.
“Caterpillar is seeking to address the illegal importation and sale of Doosan products that the company believes incorporate current Caterpillar innovations and infringe on valid and enforceable Caterpillar patents that collectively represent a decade of sustained innovation and investment and have given our machines their reputation for reliable and efficient operation,” the company said in a statement to its commission.
The Bobcat brand, which dates back to 1957, was acquired by Doosan in 2007. Doosan Bobcat initially accused Caterpillar of infringing 14 of its patents, including Sticksteer, Bobcat’s remote joystick machine control; and E-fence, its geofencing security 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 road construction equipment, was acquired by John Deere in 2017. Soon 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 awarded additional damages.
Doosan Bobcat did not immediately return requests for comment on the case.
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