Most of us know about Deere & Co., the company behind the big John Deere vehicles. But fewer know about the name of the Deere & Co. subsidiary, Wirtgen Group. Despite this, they are a leading company in road construction and road construction technology. They have an emphasis on sustainability and innovation that makes them stand out — especially when it comes to their cold milling machines.
So when Caterpillar Equipment & Solutions started using a road milling technology similar to the patented IP that Wirtgen had, they took action. Last February, that action paid off: in a jury verdict that awarded $12.9 million in damages to Wirtgen.
Let’s take a closer look at the case in today’s blog.
Wirtgen’s Cold Milling Machines
Road milling, or cold milling, is the practice of removing the top layer of asphalt from a road so that the road can be repaved. Though this is generally a tricky process that involves expensive, bulky machinery, Wirtgen created smaller cold milling machines that could work with widths as small as 1⅙ foot or as large as 14.42 feet. Their machines also offer a larger than average number of milling drums, allowing them to meet a wide range of milling demands. This allows roads to be milled in a more efficient, cost-effective way.
The Case
In 2017, Wirtgen sued Caterpillar for infringement of six of their patents, all to do with the technology behind their cold milling machines. The case was heard in Delaware courts before a jury. Caterpillar argued that their machines did not infringe upon Wirtgen’s patents, and in fact, countersued that Wirtgen had infringed upon their patents.
But with little proof behind this, Caterpillar’s countersuit was dismissed. Ultimately, the jury sided with Wirtgen, agreeing that Caterpillar had infringed on 5 out of the 6 patents in question. Caterpillar was ordered to pay Wirtgen $12.9 million in damages as a result.
What To Learn From This Case
One thing that sticks out about Wirtgen’s case is that they had multiple patents protecting aspects of their cold milling machines. This sort of thoroughness is part of what allowed them to protect their intellectual property in court. Rather than simply patenting one key feature or a larger portion of the machines, they patented whatever could be patented. Doing so allowed their cold milling machines to remain unique and their business to stay at the head of the road construction technology industry.
At Garcia-Zamor, we can take care of all of your patent needs for you. We will fill out the paperwork and go through the process of filing all applicable patents. That way, when someone tries to take credit for your work, you’re protected by IP law.
Contact Garcia-Zamor today to learn more about how we can help you defend your intellectual property rights!
