Doosan Bobcat Sues Caterpillar, Alleges Infringement of 14 Equipment Patents

Doosan Bobcat North America has filed federal and worldwide lawsuits in opposition to Caterpillar, Inc., alleging patent infringement for elements on skid steers, compact observe loaders, excavators, wheel loaders, observe loaders and bulldozers.

A lawsuit filed in federal court in the Eastern District of Texas which additionally names the biggest Caterpillar supplier in Texas, HOLT CAT as a defendant, alleges Caterpillar has infringed on Bobcat patents involving: automated shifting of hydraulic drive programs, issued in 2016; variable engine management pace, issued in 2019; tracked utility automobile, issued in 2019; system and technique for outlining a zone of operation for a raise arm, issued in 2019; and hydraulic energy prioritization, issued March 2021. These accusations, are simply the floor of South Korea-based Doosan’s 29-page criticism that goes again to the founding by Bobcat and its authentic dad or mum firm, the Melroe Manufacturing Co. in 1947. Doosan Bobcat primarily accuses Caterpillar of adopting expertise and infringing on the patent rights of merchandise developed by Bobcat and different rivals over almost eight a long time.

In whole, Doosan Bobcat says that 14 patents, together with ones involving Sticksteer, Bobcat’s distant joystick machine management, and E-fence, Bobcat’s geofencing security software program, should be upheld. The patents additionally cowl energy efficiency and effectivity.

The criticism refers to Irving, Texas-based Caterpillar as a “late arrival to the skid-steer loader market,” and notes it didn’t enter the skid steer sector till “about 1999.” It alleges that Caterpillar tears down competitor gear and reverse-engineers new gear expertise into CAD drawings that differ from the unique gear producer. 

Except for submitting within the space the place each Holt and Caterpillar are primarily based, the Jap District of Texas has grow to be a go-to courtroom for mental property disputes with almost 1 / 4 of such lawsuits final yr filed there. 

Bobcat vs Cat

Caterpillar has not but launched a press release responding to the lawsuit, however did file a response to a concurrent complaint that Doosan Bobcat filed with the International Trade Commission, asking the worldwide courtroom to cease Caterpillar from buying and selling its supposedly infringing skid steers, compact excavators, loaders, observe loaders, bulldozers and elements thereof with different international locations underneath Part 337 of the U.S. Tariff Act, which enforces mental property claims.

Bobcat’s X225 compact excavator, the primary compact excavator to be produced in North America in 1989, is certainly one of many patent’s Doosan Bobcat is alleging Caterpillar, Inc., violated. Photograph courtesy Doosan Bobcat

“Doosan Bobcat’s requested remedial orders would hurt the U.S. public curiosity, undermine ongoing infrastructure initiatives, hurt the economic system in almost each state, and jeopardize nationwide priorities … [the court] ought to reject Doosan Bobcat’s try to make use of Part 337 as a cudgel,” read the response from Caterpillar’s regulation agency Kirkland & Ellis. 

Each of Doosan Bobcat’s authorized actions search damages “sufficient to compensate for the infringement,” an accounting and ongoing royalty funds for any post-verdict use of the expertise, misplaced earnings, legal professional’s charges, and prices. 

The federal courtroom criticism filed in Texas states that “Bobcat has suffered and continues to endure substantial damages,” however no particular greenback quantity is disclosed within the public filings. Bobcat has requested a everlasting injunction stopping Caterpillar from making, utilizing, promoting, or importing any merchandise that infringe on the patents it claims are being violated. 

Not the First Time Cat Challenged on Patents

Doosan Bobcat’s criticism repeatedly references one other current patent case involving Caterpillar, Wirtgen America Inc. v. Caterpillar Inc. Wirtgen America, a maker of roadbuilding gear, was acquired by John Deere in 2017. Shortly after, it alleged in a lawsuit that Caterpillar’s road-milling machines infringed a number of patents associated to chilly milling expertise. A federal jury awarded Wirtgen $12.9 million in damages in that case and Decide Joshua Wolson added almost $6.5 million extra and issued a ban on gross sales of the infringing machines, so there’s a precedent for the aid Doosan Bobcat is looking for. 

Simply as Doosan Bobcat is doing immediately, Wirtgen additionally filed a concurrent criticism with the Worldwide Commerce Fee underneath Part 337 of the Tariff Act. The ITC banned imports of Caterpillar’s infringing road-milling machines from 2019 till redesigned variations had been allowed to be imported in 2021 in that case. Wirtgen and Caterpillar resolved the lawsuit in October 2024, however the case confirmed each federal courts and the ITC are prepared to search out infringement in patent disputes involving building gear, leading to substantial damages and redesigns of merchandise.

What Does It Imply for Contractors?

Whereas core applied sciences could also be patented, key functionalities of building gear has all the time been grey space for OEMs, however involving the ITC opens up the chance that some Caterpillar fashions could also be taken off the market till they’re redesigned or see a delay in software program updates till key options are sufficiently modified.

The patents in each circumstances cowl superior management programs and automation options that drive more and more widespread makes use of akin to 2D and 3D machine controls and web site geofencing.

Caterpillar is anticipated to file responses to the complaints within the coming weeks and the ITC may make an preliminary dedication on whether or not to pursue an investigation into Caterpillar early subsequent yr.