Original Source: Reuters

Oct 14 (Reuters) – Deere & Co subsidiary Wirtgen America has resolved a patent lawsuit against Caterpillar after winning a $12.9 million verdict against the rival heavy-equipment company in a dispute over road-building technology, the companies told a Delaware federal court.

Wirtgen and Caterpillar said on Wednesday that they had settled their dispute and asked the court to dismiss the case. A Deere spokesperson declined to comment on the filing on Thursday, and spokespeople for Caterpillar did not immediately respond to a request for comment and more information about the settlement.

Wirtgen alleged in the 2017 lawsuit that Caterpillar’s road-milling machines, which remove road surfaces before repaving them, infringe several patents. Wirtgen’s patents relate to “cold milling,” a technology for rehabilitating road surfaces.

A jury determined in February that Caterpillar willfully infringed Wirtgen’s patents and owed $12.9 million in damages. U.S. District Judge Joshua Wolson added nearly $6.5 million to the award last month and issued a permanent ban on sales of the infringing machines after finding that Caterpillar “deliberately copied Wirtgen’s machines and continued its infringement long after it should have stopped.”

Wirtgen separately accused Caterpillar’s machines of infringing its patents in a case before the U.S. International Trade Commission. The ITC banned imports of the machines in 2019, though U.S. Customs and Border Protection allowed redesigned versions to enter the country starting in 2021.

The Delaware case is Wirtgen America Inc v. Caterpillar Inc, U.S. District Court for the District of Delaware, No. 1:17-cv-00770.

For Wirtgen: Ryan Levy, Seth Ogden and William Sekyi of Patterson Intellectual Property Law; Daniel Yonan, Paul Ainsworth and William Milliken of Sterne Kessler Goldstein & Fox

For Caterpillar: James Yoon, Ryan Smith, Christopher Mays, Lucy Yen and Matthew Macdonald of Wilson Sonsini Goodrich & Rosati