Create a free Equipment World account to continue reading

Wirtgen accuses Cat of patent infringement; ITC opens investigation

Updated Aug 27, 2017

Caterpillar is facing added scrutiny from the federal government in the form of a patent infringement investigation opened Tuesday by the U.S. International Trade Commission (USITC).

After the examination of a patent infringement complaint filed by the American arm of German road equipment manufacturer Wirtgen, members of the USITC voted to investigate certain Caterpillar road milling machines and their components, according to a release from the commission.

“The products at issue in the investigation are used to mill asphalt and concrete pavement to create an even base for the construction of a new surface,” the USITC release states. “The accused products include road milling machines, and components of a road milling machine such as: scrapers, auxiliary drives, height-adjustable lighting columns, milling drum uncoupling functionality and hydraulically stabilized chassis.”

Antioch, Tennessee-based Wirtgen America filed its complaint, which alleges violation of section 337 of the Tariff Act of 1930, on July 19. Wirtgen is seeking a limited exclusion order from the commission along with cease and desist orders.

In a statement provided to Equipment World, Cat says it is prepared for a legal battle.

“We are reviewing Wirtgen’s claims and are committed to defending our products to the fullest extent,” the statement reads. “Because litigation is ongoing, we cannot comment any further.”

The patent complaint names Caterpillar and four of its subsidiaries as respondents to the investigation: Caterpillar Bitelli SPA and Caterpillar Prodotti Stradali S.r.L., both of Italy; Caterpillar Americas CV of Switzerland; and Caterpillar Paving Products, Inc., of Minnesota.