Caterpillar has turned up the heat in a legal battle with Doosan Bobcat North America over patent infringement allegations.
In December, Doosan Bobcat sued Caterpillar claiming patent infringement of its construction equipment and filed a complaint with the U.S. International Trade Commission.
In March, Caterpillar responded by denying Bobcat’s claims and countersuing over infringement allegations of its own.
Now, Caterpillar has filed a separate federal suit and ITC complaint alleging Bobcat infringed upon another set of patents on its construction equipment.
Cat’s New Complaint
In its new lawsuit filed May 26 in U.S. District Court in Delaware, Caterpillar alleges Doosan Bobcat infringed on four of its patents in its heavy construction equipment.
(Doosan, based in South Korea, bought U.S.-based Bobcat in 2007.)
The patents address Caterpillar’s “intelligent control systems” for preventing such problems as engines stalling or losing power, jerky or jarring motions, and fuel inefficiency.
As examples, the suit lists the powertrain efficiencies and advanced system integration in Cat’s 982 XE wheel loader and the torsion suspension undercarriage and two-speed control in Cat’s 255 compact track loader.
The suit alleges the following infringements:
- “Machine Control System and Method” — issued August 20, 2013, and found in “ECO-Mode” and/or horsepower control in Bobcat telehandlers, compact track loaders and skid steers.
- “Method of Controlling a Hydraulic System” — issued September 15, 2015, and found in “Smart Power Control” and/or pump torque in Bobcat large excavators.
- “Hydrostatic Drive System” — issued May 24, 2016, and found in “Smooth Drive Mode” in Bobcat telehandlers.
- “Control Strategy for Reduced Fuel Consumption in Machine and Powertrain System with Same” — issued august 28, 2018, and found in certain economy modes in Bobcat telehandlers.
The infringements in some machines started occurring around 2021, spread and continued with Bobcat’s new compact track loaders and skid steers launched this year, the suit alleges. “Doosan has also aggressively added control techniques into its products, touting their advanced control capabilities.”
Doosan Bobcat conducted “extensive analysis of Caterpillar products and technologies,” as evidenced by a former website in which the company compared its equipment with Cat’s and other competitors, according to the lawsuit. “Through this extensive competitive intelligence program — that Doosan now conceals from public view — Doosan gained detailed knowledge of Caterpillar’s products and technologies and, on information and belief, Caterpillar’s patents covering those products and technologies.”
The lawsuit seeks an order to permanently stop Doosan Bobcat from making, selling or importing products with the alleged infringements, compensation for damages such as lost profits and attorney fees, as well as a jury trial.
Caterpillar’s complaint with the U.S. International Trade Commission filed May 26 addresses the same patents and calls for an investigation into alleged violation of the U.S. Tariff Act, an evidentiary hearing and an order barring the equipment with alleged violations from entering the United States.
The ITC complaint lists Doosan Bobcat Inc.; Doosan Bobcat North America Inc.; Doosan Bobcat Mexico Monterrey, S. de R.L. de C.V.; Doosan Bobcat EMEA S.R.O.; Doosan Bobcat France S.A.S.; and Doosan Bobcat India Private Ltd.
Doosan Bobcat’s Patent Complaints
The legal battle between the two manufacturers, which can both claim firsts in U.S. construction equipment history, began December 2.
Doosan Bobcat filed suit in U.S. District Court in Texas alleging infringement on these patents:
- “Automated Shifting of Hydraulic Drive Systems” — issued July 5, 2016.
- “Variable Engine Control Speed” — issued May 28, 2019.
- “Tracked Utility Vehicle” — issued November 5, 2019.
- “System and Method for Defining a Zone of Operation for a Lift Arm” — issued December 3, 2019.
- “Hydraulic Power Prioritization” — issued March 2, 2021.
In all, the company claims infringement on 14 patents that would affect a broad swath of Cat equipment, including its compact track loaders; skid steers; compact, midsize and large excavators; forest machines; dozers; and wheel loaders.
Doosan Bobcat also simultaneously filed a complaint with the ITC calling for barring entry of the parts, which it alleges Caterpillar imports into the U.S., as well as any sales or production of the products in this country. The ITC launched an investigation January 2.
Doosan Bobcat also filed claims against Caterpillar in Europe with the United Patent Court and German District Court.
“CAT was a late arrival to the skid-steer loader market,” the suit alleges. “It did not begin manufacturing skid-steer loaders until 1999, roughly 40 years after Bobcat created the market. Rather than innovate itself, CAT has chosen to take the innovations of Bobcat to attempt to unfairly compete with Bobcat in the skid-steer and broader compact equipment market. This has unfortunately been a pattern for CAT.”
The lawsuit accuses Caterpillar of taking competitors’ equipment and breaking it down to “develop features that would compete head to head with features on competitive machines.”
Bobcat Responds to Cat Counterclaim
In its response to the Bobcat suit and ITC complaint, Caterpillar denied the accusations and then filed a counterclaim March 24 against Bobcat in the U.S. District Court in Texas. It alleged the following patents were infringed:
- “Implement Angle Correction System and Associated Loader.”
- “Machine Throttle System.”
- “System and Method for Integrated Power Control.”
- “Machine System Having Task-Adjusted Economy Modes.”
- “Machine with Task-Dependent Control.”
“Recognizing a gap between the products and technology available and customers’ demands, Caterpillar launched its first skid steer loader models in 1999 following extensive engineering development and customer-driven design efforts, incorporating Caterpillar’s vast experience and technological innovations in larger machines,” the company’s counterclaim says. “The company has continued to refine and improve these machines for more than two decades.
“Caterpillar’s innovation extends far beyond mechanical systems. The company has long pioneered electronic machine control, operator interfaces, and integrated control systems that enhance machine performance and operator productivity for machines including skid steer loaders, compact track loaders, and excavators.”
Bobcat filed its response to the counterclaim May 22, denying any infringement and asking the court to dismiss Caterpillar’s claims.
“We believe Caterpillar’s countersuits are without merit and are simply an attempt to distract attention from the legal actions Bobcat has taken to protect our patented technologies, defend fair competition and safeguard the innovation and craftsmanship that have defined our company for more than 65 years,” the company said in a statement May 27 to Equipment World.
Caterpillar also released a statement concerning its new lawsuit.
“For 100 years, Caterpillar has driven innovation that helps power America's infrastructure,” the statement says. “Customers rely on Caterpillar’s products to build and strengthen communities while creating jobs across the country. Caterpillar is seeking to address the unlawful importation and sale of products by Doosan that the Company believes incorporate current Caterpillar innovations and infringe valid and enforceable Caterpillar patents that collectively represent a decade of innovation and sustained investment and that have earned our machines their reputation for reliable and efficient operation.”
For more details on the cases, see Equipment World’s previous coverage:
- Bobcat Sues Cat – Alleges Patent Infringement on Skid Steers, CTLs, Excavators
- Caterpillar Fights Bobcat Patent Complaint; Trade Commission to Investigate
- Caterpillar Countersues Bobcat with Its Own Patent Infringement Claims
