Editor's Note: This article was updated February 27, 2024, with response from Wirtgen's legal team and more details about the patents.
A federal jury sided with Wirtgen America in its patent infringement lawsuit against Caterpillar over its road milling machines, awarding the company $12.9 million in damages, according to Reuters.
The companies have been locked in a seven-year legal battle in the U.S. District Court in Delaware, both claiming patent infringement.
The legal battle began in 2017 when Wirtgen, whose parent company is John Deere, sued Caterpillar claiming infringement on 13 of its patents. Caterpillar countersued, alleging Wirtgen infringed on three of its patents for its cold planers.
Judge Joshua D. Wolson ruled January 4 that Wirtgen did not infringe on two of Caterpillar’s claims on one of its patents. He also ruled that Caterpillar did not infringe on one claim on one of Wirtgen’s patents.
That left the remaining claims left to a jury to decide. The judge determined that because both companies’ experts offered conflicting testimony, he could not rule on the other claims being considered.
According to Reuters, the jury decided that Caterpillar infringed on five of Wirtgen’s patents.
