The patent infringement dispute between Caterpillar and Wirtgen took another step down the bumpy road to court last week when the U.S. International Trade Commission responded to Caterpillar's complaint alleging Wirtgen Group Holding and its three subsidiaries sold road construction equipment in the U.S. that infringed on Cat patents.
The USITC posted an announcement November 22 saying it had voted to begin an investigation of Wirtgen to determine if the company illegally sold certain road construction machines and components, including road milling and road paving machines, which infringed on Caterpillar patents.
Earlier this year, Wirtgen America brought two federal patent infringement suits against Caterpillar, followed by a USITC complaint alleging Caterpillar and its subsidiaries were in violation of the 1930 Tariff Act Section 337. In August, the USITC launched an investigation of Caterpillar's actions.
On October 26, 2017 Caterpillar issued its own complaint with the USITC alleging Wirtgen Group Holding and its three subsidiaries sold road construction equipment in the U.S. that infringed on Cat patents, a violation of the same 1930 Tariff Act Section 337. The November 22 USITC post initiates an investigation of Wirtgen's actions.
Both firms have requested ITC issue a limited exclusion order and cease and desist order against the other. Caterpillar has also requested ITC to order Wirtgen to stop marketing and advertising the disputed equipment.
No determination has been made on the either firm's allegations.