On December 23, 2019, the Patent Trial and Appeal Board issued a final written decision in favor of Finnegan client Caterpillar, upholding 17 claims from its patent covering milling equipment used to treat road surfaces. German manufacturer Wirtgen had argued that the claims were obvious based on prior art, but the PTAB did not agree based on the way in which the board interpreted one of the key claims. This decision follows an order issued by the U.S. International Trade Commission (ITC) in a case related to the same patent. In June, the ITC issued limited exclusion and cease and desist orders, blocking Wirtgen from importing certain road construction machines that infringe one of Caterpillar’s patent claims.
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