Litigation

Untitled case

Litigation

4:24-cv-00799

Patents at issue (1)

Defender signal. Patent 10202266 has had claims invalidated at PTAB. Those final written decisions are public record and a ready-made § 102 / § 103 ground in district court. See IPR estoppel for what carries over.

Summary

This case, filed in the United States District Court, Northern District of Texas, involves litigation concerning US patent 10202266.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

This patent infringement litigation, Case No. 4:24-cv-00799, is currently proceeding in the United States District Court for the Northern District of Texas, Fort Worth Division. The plaintiff is Vermeer Manufacturing Company, an operating company known for manufacturing industrial and agricultural equipment, including skid steer loaders. The defendants are Kubota North America Corporation and Kubota Tractor Corporation, major manufacturers and distributors of agricultural and construction machinery. The case alleges that Kubota's SCL1000 Stand-On Compact Loader infringes the asserted patents.

The lawsuit initially involved U.S. Patent Nos. 9,321,386, 9,975,750, and 10,202,266. An amended complaint later added U.S. Patent Nos. 9,073,891 and 10,246,063. Specifically, U.S. Patent 10,202,266 is titled "Compact Loader" and broadly relates to improvements in compact utility loaders or skid steer machinery. The procedural posture of the case is that it was filed on August 20, 2024, and was subsequently stayed on March 19, 2025, by Judge Mark Pittman, pending inter partes reviews (IPRs) of the asserted patents before the Patent Trials and Appeals Board (PTAB). The Northern District of Texas, particularly the Fort Worth Division, is a common venue for patent litigation, though its volume has historically been lower than the Eastern District of Texas.

This case is notable as it involves direct competitors in the compact equipment market, an assertion pattern common among operating companies defending their market share. The linkage to IPRs, which led to the stay of the district court proceedings, highlights a frequent strategic interplay between parallel litigation at the district court and PTAB in patent disputes. Kubota filed multiple petitions for IPRs against the asserted patents, with institution decisions for the first set of petitions expected by June 2025.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

Patent Infringement Litigation: Vermeer Manufacturing Company v. Kubota North America Corporation et al.

Case Number: 4:24-cv-00799
Court: United States District Court for the Northern District of Texas
Patents at Issue: US Patent 10,202,266 (along with US Patents 9,321,386, 9,975,750, 9,975,750, 9,821,891, and 10,633,063)
Status: Stayed pending Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs)

This case, filed by Vermeer Manufacturing Company ("Vermeer") against Kubota North America Corporation and Kubota Tractor Corporation ("Kubota"), centers on alleged infringement of multiple patents related to skid steer machinery. The litigation is currently stayed pending the outcome of challenges to the asserted patents at the Patent Trial and Appeal Board (PTAB).

Key Legal Developments and Outcome:

1. Filing & Initial Pleadings:

  • Complaint Filed: Vermeer Manufacturing Company filed its initial complaint against Kubota North America Corporation et al. on August 20, 2024, alleging infringement of U.S. Patent Nos. 9,321,386, 9,975,750, and 10,202,266.
  • Amended Complaint Filed: On December 4, 2024, Vermeer filed an amended complaint, adding two more patents to the suit: U.S. Patent Nos. 9,821,891 and 10,633,063.

2. Pre-trial Motions of Substance:

  • Motion to Stay Pending IPRs and PGRs: Kubota filed a Motion to Stay Pending IPRs and PGRs (ECF No. 45).
  • Stay Granted: On March 19, 2025, Judge Mark Pittman granted Kubota's motion, thereby staying the case in the Northern District of Texas. The court noted that Kubota had filed two sets of petitions for inter partes review (IPR) of all five asserted patents before the Patent Trial and Appeal Board (PTAB). The first set of IPR petitions, concerning the '386, '750, and '266 patents, was filed on November 15, 2024. The second set, relating to the '891 and '063 patents, was filed on January 7, 2025. The court anticipated the PTAB would make institution decisions on the first set of petitions by June 2025.

3. Parallel PTAB IPR/PGR Proceedings:

  • IPR Petitions Filed: Kubota filed multiple petitions for inter partes review (IPR) for the patents asserted in the district court litigation. Specifically, petitions for the '386, '750, and '266 patents were filed on November 15, 2024. Petitions for the '891 and '063 patents were filed on January 7, 2025.
  • PTAB Status: As of the district court's stay order on March 19, 2025, the PTAB had yet to make institution decisions on these IPR petitions. The district court indicated that institution decisions for the first set of petitions were expected by June 2025, with final written decisions regarding patent validity anticipated approximately 12 months after institution.

4. Final Disposition or Present Posture:

  • The litigation in the Northern District of Texas is currently stayed pending the resolution of the inter partes review and post-grant review proceedings at the PTAB. The outcome of these PTAB proceedings will likely dictate the future course of the district court case, including whether the stay is lifted, claims are narrowed, or the case is dismissed based on patent invalidity findings.

No information regarding claim construction, discovery milestones, trial events, or appeals could be found as the case is stayed at an early stage.### Patent Infringement Litigation: Vermeer Manufacturing Company v. Kubota North America Corporation et al.

Case Number: 4:24-cv-00799
Court: United States District Court for the Northern District of Texas
Patents at Issue: US Patent 10,202,266 (along with US Patents 9,321,386, 9,975,750, 9,821,891, and 10,633,063)
Status: Stayed pending Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs)

This case, filed by Vermeer Manufacturing Company ("Vermeer") against Kubota North America Corporation and Kubota Tractor Corporation ("Kubota"), centers on alleged infringement of multiple patents related to skid steer machinery. The litigation is currently stayed pending the outcome of challenges to the asserted patents at the Patent Trial and Appeal Board (PTAB).

Key Legal Developments and Outcome:

1. Filing & Initial Pleadings:

  • Complaint Filed: Vermeer Manufacturing Company initiated this action by filing its complaint against Kubota North America Corporation and Kubota Tractor Corporation on August 20, 2024. The initial complaint asserted infringement of U.S. Patent Nos. 9,321,386, 9,975,750, and 10,202,266.
  • Amended Complaint Filed: On December 4, 2024, Vermeer filed an amended complaint, expanding the scope of the litigation to include U.S. Patent Nos. 9,821,891 and 10,633,063.

2. Pre-trial Motions of Substance:

  • Motion to Stay Pending IPRs and PGRs: Kubota filed a Motion to Stay Pending IPRs and PGRs in the district court.
  • Stay Granted: On March 19, 2025, the Honorable Mark Pittman of the Northern District of Texas granted Kubota's motion and stayed the case. The court's decision acknowledged that Kubota had filed multiple petitions for inter partes review (IPR) and post-grant review (PGR) with the Patent Trial and Appeal Board (PTAB) challenging the asserted patents. The court noted that institution decisions for the initial set of IPR petitions were expected by June 2025.

3. Parallel PTAB IPR/PGR Proceedings on the Asserted Patents:
Kubota filed several petitions challenging the validity of Vermeer's patents at the PTAB:

  • U.S. Patent No. 9,321,386: Kubota filed three IPR petitions: IPR2025-00167, IPR2025-00168, and IPR2025-00169, all on November 14, 2024. These petitions challenged various claims of the '386 patent.
  • U.S. Patent No. 9,975,750: Kubota filed IPR2025-00170 on November 14, 2024, challenging all claims (1-36) of the '750 patent.
  • U.S. Patent No. 10,202,266: Kubota filed IPR2025-00171 on November 14, 2024, challenging claims 1-16 and 19-28 of the '266 patent.
  • U.S. Patent No. 9,821,891: Kubota filed IPR2025-00381 on January 7, 2025, challenging claims 1-10 of the '891 patent.
  • U.S. Patent No. 10,633,063: Kubota filed PGR2025-00016 on January 7, 2025, challenging claims 4-14 of the '063 patent.

As of the current date (July 1, 2026), the PTAB's institution decisions and subsequent developments in these IPR/PGR proceedings would be crucial. However, the outcomes of these specific PTAB cases (e.g., institution decisions, final written decisions) are not available in the provided search results. A direct search of the USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) would be necessary to ascertain their current status and any final dispositions.

4. Final Disposition or Present Posture:
The district court litigation, case 4:24-cv-00799, remains stayed as of the last available information (March 19, 2025). This stay will remain in effect until the PTAB proceedings challenging the validity of the asserted patents are resolved, or until further order from the court. The outcome of the IPRs and PGRs will significantly influence the resumption and potential scope of the district court case.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

The plaintiff in this patent infringement case, 4:24-cv-00799, is Vermeer Manufacturing Company. The following attorneys from Haynes and Boone, LLP represent Vermeer Manufacturing Company:

  • Jason Lao

    • Role: Counsel
    • Firm: Haynes and Boone, LLP, Dallas, Texas
    • Note: Jason Lao is a partner at Haynes and Boone, LLP, with a focus on patent litigation and intellectual property disputes. His experience includes representing clients in various technology sectors.
  • Jamie Raju

    • Role: Counsel
    • Firm: Haynes and Boone, LLP, Dallas, Texas
    • Note: Jamie Raju is a partner whose practice includes patent and intellectual property litigation, particularly in complex technology areas.
  • Brian E. Singleterry

    • Role: Counsel
    • Firm: Haynes and Boone, LLP, Dallas, Texas
    • Note: Brian Singleterry is a partner specializing in patent litigation across various industries, including mechanical, electrical, and software technologies.
  • Thomas J. Williams

    • Role: Counsel
    • Firm: Haynes & Boone, LLP, Dallas, Texas
    • Note: Thomas Williams is a partner and head of the firm's Intellectual Property Litigation Practice Group. He has extensive experience in high-stakes patent infringement cases.
  • John R. Emerson

    • Role: Counsel
    • Firm: Haynes and Boone, LLP, Dallas, Texas
    • Note: John Emerson is a partner who focuses on patent and intellectual property litigation, with a background in electrical engineering.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

The defendant(s) in Vermeer Manufacturing Company v. Kubota North America Corporation et al. (4:24-cv-00799 N.D. Tex.) are Kubota North America Corporation and Kubota Tractor Corporation. They are represented by attorneys from the firm Haynes and Boone, LLP. Given the location of the court and the firm's presence in Texas, these attorneys likely serve as both lead and local counsel.

Here is the counsel of record for the defendant(s):

  • Jason T. Lao

    • Role: Partner, Lead Counsel
    • Firm: Haynes and Boone, LLP, Orange County / San Francisco, CA
    • Experience: Mr. Lao is a first-chair trial lawyer focusing on patent infringement, trade secret misappropriation, unfair competition, trademark, copyright, and licensing actions. His experience spans various industries, including biotech, semiconductor, artificial intelligence, automotive technologies, and wireless communications.
  • Jamie Raju

    • Role: Associate
    • Firm: Haynes and Boone, LLP, Dallas, TX
    • Experience: Ms. Raju's practice emphasizes intellectual property disputes, including patent litigation, trade secret litigation, and inter partes reviews. She also has extensive experience in patent procurement and IP portfolio management, utilizing her electrical engineering and medical background to handle complex technologies.
  • Brian E. Singleterry

    • Role: Counsel
    • Firm: Haynes and Boone, LLP, Fort Worth, TX
    • Experience: Mr. Singleterry is a trial lawyer with experience in complex commercial litigation, including breach-of-contract disputes, business torts, and financial litigation in state and federal courts.
  • Thomas J. Williams

    • Role: Partner
    • Firm: Haynes and Boone, LLP, Fort Worth, TX
    • Experience: Mr. Williams is an experienced litigator with over 40 years of practice, handling a wide range of cases including copyright and trademark infringement and intellectual property litigation. He has been recognized in The Best Lawyers in America for Intellectual Property Litigation.
  • Russell Emerson (appearing as John R. Emerson in some docket listings)

    • Role: Partner, Lead Counsel
    • Firm: Haynes and Boone, LLP, Dallas, TX
    • Experience: Mr. Emerson is a trial lawyer who serves as lead counsel in high-stakes patent litigation across various technologies such as semiconductors, medical devices, and computer networking. He is recognized as a "Lawyer of the Year" in Litigation - Intellectual Property Law and has particular expertise in trade secrets cases, drawing on a background in mechanical and nuclear engineering.