After being sued by Doosan Bobcat last December over compact equipment patents, Caterpillar, Inc. has filed a new amended counterclaim in Texas federal court on May 26, now alleging violations of Section 337 of the Tariff Act of 1930, alleging that South Korea-based Doosan Bobcat is infringing Caterpillar’s patents and doing so illegally. The equipment manufacturing giant is seeking relief for its US-based operations and workers until it investigates Doosan and stops importing its equipment.
Caterpillar initially filed its counterclaim in March in federal 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 Caterpillar patents. The Irving, Texas-based equipment maker also asked the commission to initiate a Section 337 investigation, which itself 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 earned our machines their reputation for reliable and efficient operation,” the company said in a statement.
The Bobcat brand dates back to 1957, and 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. John Deere acquired Wirtgen America, a maker of road construction equipment, in 2017. Soon after, it alleged in a lawsuit that Caterpillar’s road milling machines were related to several of its infringing patented technologies. A federal jury awarded Wirtgen $12.9 million in damages in that case, and the judge in the case awarded additional damages beyond the jury award.
Doosan Bobcat did not immediately return requests for comment on the case.
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