The U.S. International Trade Commission has launched an investigation into claims by Caterpillar that Doosan Bobcat infringed on patents of its construction equipment and components and illegally imported and sold those products.
The ITC announced the investigation June 26 about seven months after it launched an investigation into similar claims Doosan Bobcat initially filed against Caterpillar.
The two iconic equipment manufacturers have been locked in an ever-escalating legal battle since December. Both have also sued each other in federal District Courts over their respective allegations.
What’s Going On?
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.
- (Doosan, based in South Korea, bought U.S.-based Bobcat in 2007.)
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.
Caterpillar responded May 26 in U.S. District Court in Delaware by suing Doosan Bobcat for infringing on four of its patents in its heavy construction equipment.
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 and ITC complaint 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.
What Now?
The ITC is investigating both Bobcat’s and Caterpillar’s unfair imports complaints and has not made any decisions on the merits of the cases.
The commission’s investigation process involves an evidentiary hearing before an ITC administrative law judge who will make an initial determination on a violation. That determination is subject to review by the commission.
A hearing in Bobcat’s complaint against Caterpillar is scheduled for August 10-14, with a target completion date of May 7, 2027, according to the ITC website.
A hearing has not yet been set in Caterpillar’s recent complaint. The ITC investigation covers the following entities:
- Doosan Bobcat Inc., Seongnam-si, Republic of Korea
- Doosan Bobcat North America, Inc., West Fargo, North Dakota
- Doosan Bobcat Mexico Monterrey, S. de R.L. de C.V., Monterrey, Mexico
- Doosan Bobcat EMEA S.R.O., Dobříš, Czech Republic
- Doosan Bobcat France S.A.S, Pontchâteau, France
- Doosan Bobcat India Private Ltd., Chennai, India
As to the federal lawsuits each company has filed against the other:
- Doosan Bobcat has until August 3 to respond to Caterpillar’s suit filed May 26 in U.S. District Court in Delaware.
- Caterpillar has filed counterclaims in response to Doosan Bobcat’s suit filed December 2 in U.S. District Court in Texas, and Bobcat has responded to those claims.
Want to Know More?
For more details on the ongoing legal battle, 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
- Cat Strikes Back at Bobcat With New Patent Lawsuit, Trade Complaint
