Guntert & Zimmerman v. Godbersen-Smith — Slipform Paver Patent Cancelled on Appeal
Guntert & Zimmerman’s patent covering adjustable bolster swing legs for slipform paving machines was found unpatentable, a ruling the Federal Circuit affirmed in January 2024. The appeal ran 601 days, ending with complete cancellation of US9708020B2 — eliminating Godbersen-Smith’s key infringement exposure.
Federal Circuit kills slipform paver patent in full cancellation ruling
Guntert & Zimmerman Construction Division, Inc. held US9708020B2, a patent directed at adjustable bolster swing legs used to reorient crawlers on slipform paving machines — specialist heavy construction equipment used to lay continuous concrete surfaces such as highway barriers and pavement. The company brought claims against Godbersen-Smith Construction Company, a competing player in the paving equipment sector. The dispute ultimately reached the Court of Appeals for the Federal Circuit under Case No. 22-1833, filed 27 May 2022.
The Federal Circuit issued its decision on 18 January 2024, affirming the lower tribunal’s finding of unpatentability and formally cancelling the asserted claims of US9708020B2. An affirmance of unpatentability means the reviewing court agreed that the patent claims should never have been granted — or no longer meet the legal standards for patent protection — and upheld that determination in full. For Godbersen-Smith, the ruling eliminates the patent as an enforcement tool, removing all infringement exposure tied to these claims.
A 601-day appeal duration is broadly consistent with Federal Circuit patent cases, which typically run between 18 and 24 months from filing to decision. The case proceeded to a merits affirmance rather than settling or being dismissed, suggesting both parties saw sufficient value in a final ruling. The public record does not disclose whether any concurrent district court proceedings were stayed pending this appeal, nor whether damages or injunctive relief had been sought at the trial level.
Filing to settlement in 601 days
601 days from filing to Federal Circuit decision
Federal Circuit affirms unpatentability — US9708020B2 cancelled in full
What ‘AFFIRMED — Unpatentable’ means in practice
An affirmance of unpatentability at the Federal Circuit confirms that the challenged patent claims failed to satisfy one or more patentability requirements — most commonly obviousness under 35 U.S.C. § 103 or anticipation under § 102. The Federal Circuit has upheld the lower tribunal’s cancellation in its entirety, meaning US9708020B2 claims are extinguished and carry no further legal force.
Claims cancelled — no further appeal pathGuntert & Zimmerman loses its enforcement position entirely
With the patent affirmed unpatentable, Guntert & Zimmerman cannot assert US9708020B2 against Godbersen-Smith or any third party. Any pending infringement suits tied to this patent would be moot. The company’s competitive protection over the bolster swing leg mechanism is extinguished, and competitors may now freely practice the claimed technology without licensing obligations.
Patent unenforceable — no licensing leverageGodbersen-Smith secures clean freedom to operate
The affirmance gives Godbersen-Smith a definitive ruling rather than a settlement, which provides stronger legal certainty. Because cancellation is an in rem outcome — it affects the patent itself, not just the parties — Godbersen-Smith benefits from a result that also clears the landscape for the wider paving equipment industry. The company’s legal team at Finnegan Henderson successfully defended the unpatentability finding on appeal.
Freedom to operate — confirmed by Federal CircuitSlipform paving IP landscape opens following cancellation
The cancellation of US9708020B2 removes a key structural patent from the slipform paving equipment space. Manufacturers developing or commercialising adjustable crawler-reorientation mechanisms — including bolster swing leg configurations — no longer face this specific IP barrier. The ruling may embolden design-around strategies that had previously been constrained by the existence of this patent.
IP barrier removed — sector-wide effectFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Guntert & Zimmerman Const. Div., Inc. | Company | Heavy construction equipment manufacturer — holder of US9708020B2 for slipform paving technologySearch in Eureka ↗ |
| Defendant | Godbersen-Smith Construction Company | Company | Godbersen-Smith Construction Company — paving equipment manufacturer and appelleeSearch in Eureka ↗ |
| Plaintiff counsel | James R. Hannah | Attorney | Counsel for Guntert & Zimmerman Const. Div., Inc.Search in Eureka ↗ |
| Defendant counsel | Jason E. Stach | Attorney | Counsel for Godbersen-Smith Construction CompanySearch in Eureka ↗ |
| Presiding judge | Judge / | Chief Judge | Court of Appeals for the Federal Circuit — Chief JudgeSearch in Eureka ↗ |
Stipulation of dismissal — official text
The Federal Circuit’s single-word disposition — AFFIRMED — on a basis of unpatentability represents the strongest possible adverse outcome for a patent holder on appeal. It confirms the lower tribunal’s cancellation without modification, remand, or partial reinstatement. For Guntert & Zimmerman, there is no residual claim left standing; for Godbersen-Smith, the ruling provides res judicata certainty that this patent cannot resurface in future enforcement actions.
US9708020B2 — Adjustable Bolster Swing Legs for Slipform Paving Machines
US9708020B2 (application number US15/148811) relates to adjustable bolster swing leg mechanisms designed to reorient the crawler tracks of slipform paving machines. Slipform pavers are large, self-propelled machines that extrude concrete into continuous shapes — barriers, kerbs, pavements — as they move. The ability to reorient crawler tracks is a critical operational feature enabling the machine to navigate job sites, change direction, and configure itself for different paving angles. This patent addresses the mechanical interface between the machine frame and its crawler drive units.
In a market dominated by a small number of major equipment manufacturers, structural patents over core machine configurations carry significant commercial weight. A valid patent on crawler reorientation geometry could prevent competitors from matching machine mobility features — directly affecting product competitiveness and customer specifications. The Federal Circuit’s cancellation suggests the claimed mechanism lacked sufficient inventive distinction over the prior art, potentially indicating that such bolster configurations were already known or obvious in the heavy construction equipment field.
Should your team run an FTO analysis against US9708020B2?
Although US9708020B2 has been cancelled by the Federal Circuit, product teams developing slipform paving machines or crawler-based construction equipment should still conduct a freedom-to-operate review. Guntert & Zimmerman may hold continuation patents, divisionals, or related applications derived from the same priority chain that were not subject to this cancellation proceeding. Any of those surviving patents could assert similar claims against bolster or swing leg configurations in your product.
PatSnap Eureka’s FTO Search Agent can map the full patent family surrounding US9708020B2, identify surviving related applications, and flag active claims that may read on crawler reorientation or adjustable bolster designs. Claim-level monitoring can alert your team if Guntert & Zimmerman files new applications in this technology space — giving product and legal teams early warning before enforcement risk materialises.
Run a freedom-to-operate analysis on US9708020B2 to assess your product’s exposure
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What this ruling signals for the slipform paving equipment IP landscape
A Federal Circuit cancellation is one of the strongest IP outcomes available — its effects extend well beyond the two parties in this case.
Cancelled patents create open design space — act before competitors do
With US9708020B2 cancelled, the bolster swing leg configuration is no longer protected. Companies operating in the slipform paving sector should review their current and pipeline product designs to assess whether previously restricted features can now be incorporated. Monitoring related continuations or divisionals from Guntert & Zimmerman’s portfolio remains prudent.
Federal Circuit affirmances signal weak prosecution — audit related filings
When the Federal Circuit affirms unpatentability rather than remanding, it typically suggests the claims had fundamental drafting or prior art problems. IP teams should examine whether Guntert & Zimmerman holds continuation patents or related applications in the paving equipment space that may carry similar vulnerabilities — and whether inter partes review is worth pursuing proactively.
Guntert v Godbersen-Smith — key questions answered
The Federal Circuit affirmed the finding of unpatentability against Guntert & Zimmerman’s patent US9708020B2, covering adjustable bolster swing legs for slipform paving machines. The decision, issued 18 January 2024, cancelled the patent claims in full. Godbersen-Smith Construction Company successfully defended the cancellation on appeal.
US9708020B2 (application US15/148811) covers adjustable bolster swing legs used to reorient crawler tracks on slipform paving machines. The Federal Circuit affirmed it unpatentable, meaning the claims failed to meet patentability standards — most likely due to obviousness or anticipation by prior art. The specific grounds are detailed in the Federal Circuit’s opinion for Case No. 22-1833.
The cancellation of US9708020B2 is final as to that patent. However, Guntert & Zimmerman may hold continuation patents, divisionals, or related applications in the same patent family that were not subject to this proceeding. Those surviving patents, if any, could still be asserted. A full patent family search is recommended to identify any remaining enforcement risk in the slipform paving space.
Guntert & Zimmerman was represented by James R. Hannah of Kramer Levin Naftalis & Frankel, LLP. Godbersen-Smith Construction Company was represented by Jason E. Stach of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. Finnegan Henderson prevailed in defending the unpatentability finding on appeal.
A Federal Circuit affirmance of unpatentability cancels the patent claims with binding legal effect, removing the IP barrier for the entire industry — not just the named defendant. Competitors developing slipform paving machines with similar crawler reorientation mechanisms are no longer exposed to infringement claims under US9708020B2. The ruling effectively opens the design space for adjustable bolster swing leg configurations across the sector.
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