06
Nov
By Eric Schweibenz and Alex Englehart
On October 26, 2017, Caterpillar Inc. of Peoria, Illinois and Caterpillar Paving Products, Inc. of Minneapolis, Minnesota (collectively, “Caterpillar”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Wirtgen GmbH of Germany, Joseph Vogele AG of Germany, Wirtgen Group Holding GmbH of Germany, and Wirtgen America, Inc. of Antioch, Tennessee (collectively, “Wirtgen”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain road construction machines and components thereof that infringe one or more claims of U.S. Patent Nos. 7,140,693 (the ’693 patent), 9,045,871 (the ’871 patent), and 7,641,419 (the ’419 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to road milling and paving machines. In particular, the ’693 patent relates to a milling machine with at least one rear wheel or track that can be extended away from the machine frame and then retracted back toward the frame. The ’871 patent relates to a paving machine with an adjustable screed assembly, in which a controller is configured to save multiple screed configuration parameters and allow the operator to recall a previously-saved set of parameters and automatically configure the screed assembly accordingly. Lastly, the ’419 patent relates to a heating control system for the screed of a paving machine.

In the complaint, Caterpillar states that Wirtgen imports and sells products that infringe the asserted patents. The complaint specifically refers to various Wirtgen cold milling machines, paving machines, and screeds as infringing products.

Regarding domestic industry, Caterpillar states that it has engaged in extensive research, development, engineering, manufacturing, assembly, and post-sale customer support activities in the U.S. relating to road construction machines that practice at least one claim of each of the asserted patents. Caterpillar specifically refers to facilities in Minnesota where it carries out relevant domestic industry activities.

As to related litigation, Caterpillar refers to ITC Inv. No. 337-TA-1067, where Wirtgen is asserting five patents against certain Caterpillar entities. See our August 23, 2017 post for more details on the 337-TA-1067 investigation. Caterpillar also refers to various district court and foreign litigations where Wirtgen is accusing Caterpillar of patent infringement.

With respect to potential remedy, Caterpillar requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Wirtgen.