Intellectual Property Law: Counseling, Licensing, Litigation & Procurement

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Caterpillar, Inc. v. ESCO Corp.

Caterpillar, Inc. v. ESCO Corp. No. IPR2015-00409 and IPR2015-01032, at the USPTO Patent Trial and Appeal Board.

On June 18, 2015, and October 15, 2015, the PTAB ruled in favor of firm client ESCO, twice on 16 patent claims, declining institution of inter partes reviews on two petitions filed by Caterpillar, and instituting proceedings as to only four other patent claims. The ESCO patent at issue pertains to excavating equipment as to the “wear parts” that are placed on equipment to take the brunt of excavating, and specifically the locks for such wear parts. The patent is the subject of pending district court litigation. It protects ESCO’s UltraLok® products. Banner & Witcoff was the sole firm defending the patent against Caterpillar’s challenges. Because the four claims were insignificant, they were disclaimed.

Banner & Witcoff attorneys Charles W. Shifley, Binal J. Patel and Timothy J. Rechtien represented ESCO in these matters.

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