Caterpillar Challenges Doosan Bobcat Patent Lawsuit, Alleges Industrial Espionage

Caterpillar, in flip, now alleges that Doosan has carefully monitored its merchandise and technological developments by means of what the submitting calls a “aggressive intelligence program.” Caterpillar claims these actions are in violation of U.S. regulation. The submitting alleges that it was Caterpillar’s gear that was illegally obtained by Doosan Bobcat and reverse engineered, not the opposite approach round. Caterpillar attorneys known as the infringement “willful, intentional, and deliberate.”

Talking with reporters on the CONEXPO-CON/AGG commerce present held in Las Vegas earlier this month, Doosan Bobcat North America Inc. President Mike Ballweber mentioned the case was a patent matter that may work its approach by means of the courts and wouldn’t impression the agency’s introduction of latest compact gear. 

In January, Caterpillar responded to Doosan’s fee grievance. It mentioned that Doosan’s actions might undermine the U.S. economic system, shoppers, staff and companies in each state the place Caterpillar operates and jeopardize crucial U.S. nationwide priorities. In February, Caterpillar filed ex parte reexamination requests with the U.S. Patent and Trademark Workplace, asking it to reexamine Doosan patents that ought to not have been issued as a result of they try to put declare to know-how that was already recognized to the general public earlier than Doosan ever filed for its patents. 

The March 24 response in federal court docket amended counterclaims asserting patent infringement by Doosan. The amended counterclaims assert that Doosan Bobcat has infringed on Caterpillar patents for gear options. Caterpillar’s allegations embrace: know-how for distributing energy in machines, together with loaders and excavators, often often called power distribution programs; a sophisticated energy administration system for optimizing gas effectivity and efficiency in machines together with excavators, often often called superior power optimization; and an automated system for protecting attachments degree when lifting and decreasing masses, utilized by machines, together with compact observe loaders and skid steer loaders, often often called machine management and steerage.

“By means of many years of analysis and improvement, Caterpillar engineers developed superior management architectures that coordinate engine output, hydraulic programs, and implement motion to enhance precision, effectivity, management, and extra throughout loader operations.” Caterpillar’s submitting states.

Caterpillar additional alleges {that a} once-public a part of Doosan Bobcat’s company web site in contrast Bobcat gear to Caterpillar gear, with a degree of similarity that infringed on its patents.

“Doosan maintained a web site titled ‘Bobcat Benefit’ at bobcatadvantage.com, which contained detailed video and webpage comparisons between Doosan gear and Cat gear and mirrored Doosan’s in depth evaluation of Caterpillar merchandise and applied sciences,” the submitting reads. “…By means of this in depth aggressive intelligence program—that Doosan now conceals from public view—Doosan gained detailed data of Caterpillar’s merchandise and applied sciences and, on data and perception, Caterpillar’s patents protecting these merchandise and applied sciences, together with the Asserted Caterpillar Patents.”

Within the submitting, attorneys for Caterpillar say movies as soon as used on the location show it was Doosan Bobcat that was analyzing Caterpillar gear. “The ‘Bobcat Benefit” movies additional affirm Doosan’s identification of Caterpillar as a competitor and Doosan’s in depth aggressive intelligence about Caterpillar, together with the possession and use of Cat machines,” the doc reads. 

It additionally mentioned the supply code of the net web page reveals the now hidden “face to face exams” Doosan Bobcat as soon as displayed there.

Doosan Bobcat, in its unique submitting, denied that the unique 14 patents it filed for machine controls and power and efficiency optimization programs had something to do with the Bobcatadvantage.com web site.