Caterpillar, Bobcat sue each other over patent infringement

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Caterpillar and Doosan Bobcat are engaged in a series of lawsuits that accuse one another of infringing on patents for various products sold by the two companies.

In counterclaims filed with the U.S. District Court in the Eastern District of Texas on March 24, Caterpillar denied accusations by Bobcat that it had infringed on several copyrights, saying that it didn’t make the products that were similar to the patents while also accusing Bobcat of infringing on Caterpillar copyrights in several cases.

Irving, Texas-based Caterpillar said in the counterclaims that it does not produce a tracked utility vehicle that had been patented by Bobcat in 2019; a device that controls the range of operation of a lift arm patented in 2019; a drive system for power machines with a hydraulic motor patented in 2016; or power machines patented in 2016 and 2021, respectively.

In each counterclaim, Caterpillar says Bobcat’s claims failed to comply with portions of Title 35 of the United States Code, which governs patent law across the country. The company asks the court to declare Caterpillar hadn’t infringed on them and that the patents themselves were invalid.

Caterpillar’s filings also said Bobcat infringed on several Caterpillar patents to make products, selling them to other distributors who, in turn, sell them to consumers. According to the counterclaims, Bobcat enters into distribution agreements with those distributors, also providing training, advertising, promotion and customer service for the products.

Finally, Caterpillar’s filings said Bobcat continued to sell the products despite having knowledge of the patent and knowing that they were made to infringe on Caterpillar’s patents. In each case, Caterpillar asked the court provide damages and attorneys’ fees and costs, saying that the company would suffer irreparable harm if the infringement is allowed to continue.

Caterpillar is asking the court for a jury trial on any issue eligible for such a procedure.

Bobcat initially filed suit against Caterpillar for copyright infringement in December, saying that Caterpillar routinely monitored competitors’ products and took them apart in order to determine how they worked. Through that process, Caterpillar would determine what features it could take from them and put into their products to compete with others in its field, the lawsuit said.

In its counterclaims, Caterpillar accused Bobcat of monitoring it in a similar manner, using marketing and websites to show how their products compete with others in their field, such as Caterpillar.

Bobcat asked the court rule that Caterpillar had directly and willfully engaged in patent infringement and asked for damages, attorneys’ fees, costs and expenses along with any other relief deemed necessary.

A scheduling conference was held on March 26, with the court inquiring about whether both companies consented to a trial before a magistrate judge and also provided potential trial dates. No official date has been set for a trial, according to court records.

A Caterpillar spokesperson said the company intends to vigorously pursue its claims in court, saying it had the right to protect its intellectual property.

“For 100 years, Caterpillar’s products have helped build and power America’s infrastructure, as well as countless transit, energy and mining projects across the globe,” the spokesperson said.

“We pride ourselves on our continued advancement and investments in innovation to support our customers’ toughest challenges and have a right to protect our intellectual property. We believe that Doosan has infringed upon Caterpillar patents, and Caterpillar will vigorously pursue its claims in court.”

A spokesperson for Doosan Bobcat said their initial lawsuit was necessary to protect the technologies that the company had developed in its 65-year history, while protecting innovations and defending fair competition.

“The 14 Bobcat patents at issue enable functions like maneuverability, power, performance and efficiency,” the spokesperson said. “They’re foundational to our machines’ strength, versatility and precision, as well as the future of Bobcat innovation, driving advancement across our product lineup and making each machine worthy of carrying the Bobcat brand.”

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This article originally appeared on Peoria Journal Star (USA TODAY Network via Reuters Connect).