Case number 1:17-cv-00770
Wirtgen America, Inc. v. Caterpillar, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 5, 2023 | 208 | Joint MOTION to Seal - filed by Caterpillar, Inc.. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 209 | MOTION for Summary Judgment - filed by Caterpillar, Inc.. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 210 | MOTION to Preclude Certain Expert Testimony - filed by Caterpillar, Inc.. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 211 | [SEALED] OPENING BRIEF in Support re 209 MOTION for Summary Judgment , 210 MOTION to Preclude Certain Expert Testimony filed by Caterpillar, Inc..Answering Brief/Response due date per Local Rules is 10/19/2023. (Palapura, Bindu) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 212 | [SEALED] EXHIBIT re 208 Joint MOTION to Seal by Wirtgen America, Inc.. (Attachments: # 1 Sealed Exhibit 4 to Kim Declaration, # 2 Sealed Exhibit 11 to Kim Declaration, # 3 Sealed Exhibit 12 to Kim Declaration, # 4 Sealed Statement of Undisputed Material Facts, # 5 Sealed - Wirtgen Opening Brief iso Partial SJ and Daubert)(Poff, Adam) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 213 | [SEALED] DECLARATION re 209 MOTION for Summary Judgment , 211 Opening Brief in Support, 210 MOTION to Preclude Certain Expert Testimony [Declaration of Lucy Yen] by Caterpillar, Inc.. (Attachments: # 1 Exhibit 1 - [FUS] 5-19-23 Seth Op. Rpt._EXCERPTS (highlighted), # 2 Exhibit 2 - 8-4-23 Pallavi Seth Dep. Tr._EXCERPTS-Highlighted, # 3 Exhibit 3 - FUS] 7-7-23 Seth Reply Rpt._EXCERPTS-Highlighted, # 4 Exhibit 4 - [FUS] Seth Depo Tr. Errata-Highlighted, # 5 Exhibit 5 - [FUS] 6-16-23 Reed Rebuttal Rpt._EXCERPTS, # 6 Exhibit 6 - Ex 7 to McKinney Depo, # 7 Exhibit 7 - Ex 25 to McKinney Depo., # 8 Exhibit 8 - 5-19-23 Meyer Op. Rpt._EXCERPTS, # 9 Exhibit 9 - 8-17-23 John Meyer Dep. Tr._EXCERPTS, # 10 Exhibit 10 - 5-18-23 Lumkes Op. Rpt._EXCERPTS, # 11 Exhibit 11 - 8-11-23 John Lumkes Dep. Tr._EXCERPTS, # 12 Exhibit 12 - 5-19-23 Rahn Op. Rpt._EXCERPTS, # 13 Exhibit 13 - Appendix D to Meyer Op. Rpt._EXCERPTS, # 14 Exhibit 14 - Appendix E to Meyer Op. Rpt._EXCERPTS, # 15 Exhibit 15 - Meyer Exhibit 257_EXCERPTS, # 16 Exhibit 16 -6-16-23 Rakow Rebuttal Rpt._EXCERPTS, # 17 Exhibit 17 - 7-7-23 Lumkes Reply Rpt._EXCERPTS, # 18 Exhibit 18 - 3-16-23 Engelman Vol I Dep. Tr._EXCERPTS, # 19 Exhibit 19 [FUS] Valerdi Op. Rpt._EXCERPTS (highlighted), # 20 Exhibit 20 - 8-14-23 Christopher Rahn Dep. Tr._EXCERPTS, # 21 Exhibit 21- 3-29-23 Jan Schmidt Dep. Tr._EXCERPTS)(Palapura, Bindu) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 214 | [SEALED] OPENING BRIEF in Support re 208 Joint MOTION to Seal [WIRTGEN AMERICA, INC.'S BRIEF IN SUPPORT OF THE PARTIES' JOINT MOTION FOR LEAVE TO FILE UNDER SEAL] filed by Wirtgen America, Inc..Answering Brief/Response due date per Local Rules is 10/19/2023. (Poff, Adam) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 215 | REDACTED VERSION of 214 Opening Brief in Support, by Wirtgen America, Inc.. (Poff, Adam) (Entered: 10/05/2023) (6) |
| Oct 5, 2023 | 216 | DECLARATION re 208 Joint MOTION to Seal [DECLARATION OF JIM MCEVOY] by Wirtgen America, Inc.. (Poff, Adam) (Entered: 10/05/2023) (3) |
| Oct 5, 2023 | 217 | MOTION for Partial Summary Judgment [WIRTGEN AMERICA, INC.'S COMBINED MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO EXCLUDE INADMISSIBLE EXPERT TESTIMONY] - filed by Wirtgen America, Inc.. (Poff, Adam) (Entered: 10/05/2023) (5) |
| Oct 5, 2023 | 218 | OPENING BRIEF in Support re 217 MOTION for Partial Summary Judgment [WIRTGEN AMERICA, INC.'S COMBINED MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO EXCLUDE INADMISSIBLE EXPERT TESTIMONY] filed by Wirtgen America, Inc..Answering Brief/Response due date per Local Rules is 10/19/2023. (Poff, Adam) (Entered: 10/05/2023) (30) |
| Oct 5, 2023 | 219 | STATEMENT [STATEMENT OF UNDISPUTED MATERIAL FACTS] by Wirtgen America, Inc.. (Poff, Adam) (Entered: 10/05/2023) (30) |
| Oct 5, 2023 | 220 | DECLARATION re 217 MOTION for Partial Summary Judgment [WIRTGEN AMERICA, INC.'S COMBINED MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO EXCLUDE INADMISSIBLE EXPERT TESTIMONY] [DECLARATION OF JOSEPH H. KIM] by Wirtgen America, Inc.. (Poff, Adam) (Entered: 10/05/2023) (15) |
| Oct 5, 2023 | 221 | EXHIBIT re 220 Declaration, [VOLUME 1 of 5 - EXHIBITS 1-33 TO DECLARATION OF JOSEPH H. KIM] by Wirtgen America, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33)(Poff, Adam) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 222 | EXHIBIT re 220 Declaration, [VOLUME 2 OF 5 - EXHIBIT 34 TO DECLARATION OF JOSEPH H. KIM] by Wirtgen America, Inc.. (Attachments: # 1 Exhibit 34 Part 1 of 4, # 2 Exhibit 34 Part 2 of 4, # 3 Exhibit 34 Part 3 of 4, # 4 Exhibit 34 Part 4 of 4)(Poff, Adam) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 223 | DECLARATION re 209 MOTION for Summary Judgment , 211 Opening Brief in Support, 210 MOTION to Preclude Certain Expert Testimony [Declaration of Brett L. Reed] by Caterpillar, Inc.. (Palapura, Bindu) (Entered: 10/05/2023) (2) |
| Oct 5, 2023 | 224 | EXHIBIT re 220 Declaration, [VOLUME 3 OF 5 - EXHIBITS 35-53 TO DECLARATION OF JOSEPH H. KIM] by Wirtgen America, Inc.. (Attachments: # 1 Exhibit 35, # 2 Exhibit 36, # 3 Exhibit 37, # 4 Exhibit 38, # 5 Exhibit 39, # 6 Exhibit 40, # 7 Exhibit 41 Part 1 of 3, # 8 Exhibit 41 Part 2 of 3, # 9 Exhibit 41 Part 3 of 3, # 10 Exhibit 42 Part 1 of 3, # 11 Exhibit 42 Part 2 of 3, # 12 Exhibit 42 Part 3 of 3, # 13 Exhibit 43, # 14 Exhibit 44, # 15 Exhibit 45, # 16 Exhibit 46, # 17 Exhibit 47, # 18 Exhibit 48, # 19 Exhibit 49, # 20 Exhibit 50, # 21 Exhibit 51, # 22 Exhibit 52, # 23 Exhibit 53 Part 1 of 4, # 24 Exhibit 53 Part 2 of 4, # 25 Exhibit 53 Part 3 of 4, # 26 Exhibit 53 Part 4 of 4)(Poff, Adam) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 225 | OPENING BRIEF in Support re 208 Joint MOTION to Seal filed by Caterpillar, Inc..Answering Brief/Response due date per Local Rules is 10/19/2023. (Palapura, Bindu) (Entered: 10/05/2023) (8) |
| Oct 5, 2023 | 226 | [SEALED] STATEMENT re 209 MOTION for Summary Judgment , 211 Opening Brief in Support, 210 MOTION to Preclude Certain Expert Testimony by Caterpillar, Inc.. (Attachments: # 1 Exhibit 1 474 Patent, # 2 Exhibit 2 788 Patent, # 3 Exhibit 3 641 Patent, # 4 Exhibit 4 309 Patent, # 5 Exhibit 5 972 Patent, # 6 Exhibit 6 268 Patent, # 7 Exhibit 7 530 Patent, # 8 Exhibit 8 449 Patent, # 9 Exhibit 9 659 Patent, # 10 Exhibit 10 5-19-23 Meyer Opening Report_EXCERPTS, # 11 Exhibit 11 Intentionally Left Blank, # 12 Exhibit 12 6-16-23 Rahn Rebuttal Report-EXCERPTS, # 13 Exhibit 13 5-18-23 Lumkes Initial Report_EXCERPTS (highlighted), # 14 Exhibit 14 6-16-23 Rakow Rebuttal Report_EXCERPTS, # 15 Exhibit 15 7-7-23 Lumkes Reply Report_EXCERPTS highlighted, # 16 Exhibit 16 6-16-23 Lumkes Rebuttal Report_EXCERPTS, # 17 Exhibit 17 5-19-23 Rahn Initial Report_EXCERPTS, # 18 Exhibit 18 5-19-23 Seth Opening Report - Appendices D.1-3_EXCERPTS, # 19 Exhibit 19 6-16-23 Bartkowski Rebuttal Report_EXCERPTS, # 20 Exhibit Meyer Depo Tr. Excerpted, # 21 Exhibit 21 Intentionally Left Blank, # 22 Exhibit 22 Rahn Depo Tr. Excerpted, # 23 Exhibit 23 Rakow Depo Tr. Excerpted, # 24 Exhibit 24 Lumkes Depo Tr. Excerpted, # 25 Exhibit 25 Tarvin Depo Tr. Excerpted, # 26 Exhibit 26 Engelmann Depo Tr. Day 1 Excerpted, # 27 Exhibit 27 Engelmann Depo Tr. Day 2 Excerpted, # 28 Exhibit 28 N. Just Depo Tr. Excerpted, # 29 Exhibit Schmidt Depo Tr. Excerpted, # 30 Exhibit 30 Falcione Depo Tr. Excerpted, # 31 Exhibit 31 Hanback Depo Tr. Excerpted, # 32 Exhibit 32 Hoyle Depo Tr. Excerpted, # 33 Exhibit 33 Intentionally Left Blank, # 34 Exhibit 34 Intentionally Left Blank, # 35 Exhibit 35 Intentionally Left Blank, # 36 Exhibit 36 Meyer Exhibit 257, # 37 Exhibit 37 Intentionally Left Blank, # 38 Exhibit 38 2023-05-12 R. Levy Email re dismissal of patents, # 39 Exhibit 39 2021.11.24 Caterpillar's Barney Ltr Request for Customs Ruling, # 40 Exhibit 40 2022.04.02 CBI Ruling Letter highlighted, # 41 Exhibit 41 2020.10.14 Confidential Caterpillar Request for Customs Ruling., # 42 Exhibit 42 2021-05-19 Ruling Ltr CBI Highlighted, # 43 Exhibit 43 2021-08-27 Patent Notice Letter to Caterpillar 4847-9143-0137 v.1, # 44 Exhibit 44 ITC-337-TA-1067-20181031- Public Final Initial Determination, # 45 Exhibit 45 PTAB-IPR2022-01277-9 - Decision Granting IPR re '391, # 46 Exhibit 46 PTAB-IPR2022-01278-12 -Decision Granting IPR re '972, # 47 Exhibit 47 PTAB-IPR2022-01310-12 - Decision Granting IPR re '972, # 48 Exhibit 48 PTAB-IPR2017-02187-42 - FWD re '340, # 49 Exhibit 49 PTAB-IPR2017-02186-10 -FWD re '628, # 50 Exhibit 50 PTAB-IPR2018-01091-49 - FWD re '395, # 51 Exhibit 51 PTAB-IPR2017-02188-71 FWD re '530, # 52 Exhibit 52 PTAB-IPR2017-02185-51 FWD re '309, # 53 Exhibit 53 PTAB-IPR2022-01264-9 - Decision Granting IPR re '390, # 54 Exhibit 54 Busley Declaration, # 55 Exhibit 55 Declaration of Winston Yur_excerpt '268 FH, # 56 Exhibit 56 Caterpillar Objcs & Resps to Wirtgen's 1st Set of Rogs (Nos. 1-20), # 57 Exhibit 57 System Operating Testing Oct 2016, # 58 Exhibit 58 System Operating Testing June 2020 Part 1, # 59 Exhibit 58 System Operating Testing June 2020 Part 2, # 60 Exhibit 58 System Operating Testing June 2020 Part 3, # 61 Exhibit 58 System Operating Testing June 2020 Part 4, # 62 Exhibit 59 CTCT000516 (all CBI), # 63 Exhibit 60 CAT-770_001325 (all CBI), # 64 Exhibit 61 CAT_00054722, # 65 Exhibit 62 CAT-770_040200 Part 1, # 66 Exhibit 62 CAT-770_040200 Part 2, # 67 Exhibit 63 WA Machine Type 8.12.21, # 68 Exhibit 64 WA Machine Type 8.6.21, # 69 Exhibit 65 2017 Email from Clark to Weiss, # 70 Exhibit 66 WA-0001860 Excerpt, # 71 Exhibit 67 System Operating Testing Aug 2020 Part 1, # 72 Exhibit 67 System Operating Testing Aug 2020 Part 2, # 73 Exhibit 67 System Operating Testing Aug 2020 Part 3, # 74 Exhibit 68 CAT_00037645, # 75 Exhibit 69 CAT_00050568, # 76 Exhibit 70 Wirtegn 10 Yr Patent Portfolio, # 77 Exhibit 71 CAT_00014250, # 78 Exhibit 72 CAT_00049606, # 79 Exhibit 73 CAT-770_028257, # 80 Exhibit 74 CAT-770_036983, # 81 Exhibit 75 CAT_00001463, # 82 Exhibit 76 CAT_00030519, # 83 Exhibit 77 CAT_00050984, # 84 Exhibit 78 CAT_00053634, # 85 Exhibit 79 CAT_00053635, # 86 Exhibit 80 CAT_00046710, # 87 Exhibit 81 Intentionally Left Blank, # 88 Exhibit 82 WA-1717820, # 89 Exhibit 83 WA-1717836, # 90 Exhibit 84 CAT_00052666, # 91 Exhibit 85 WA-0007038 Excerpt, # 92 Exhibit 86 Jurasz 792, # 93 Exhibit 87 Meyer Exhibit 251, # 94 Exhibit 88 7-7-23 Rahn Reply Report_EXCERPTS, # 95 Exhibit 89 5-18-23 Valerdi Initial Report_EXCERPTS_Highlighted, # 96 Exhibit 90 6-16-23 A. Smith Rebuttal Report_EXCERPTS_Highlighted)(Brown, Andrew) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 227 | DECLARATION re 208 Joint MOTION to Seal [Declaration of Randal C. Miller] by Caterpillar, Inc.. (Palapura, Bindu) (Entered: 10/05/2023) (2) |
| Oct 5, 2023 | 228 | DECLARATION re 208 Joint MOTION to Seal [Declaration of Asha T. Mehrotra] by Caterpillar, Inc.. (Palapura, Bindu) (Entered: 10/05/2023) (3) |
| Oct 5, 2023 | 229 | EXHIBIT re 220 Declaration, [VOLUME 4 of 5 - EXHIBITS 54-77 TO DECLARATION OF JOSEPH H. KIM] by Wirtgen America, Inc.. (Attachments: # 1 Exhibit 54 Part 1 of 4, # 2 Exhibit 54 Part 2 of 4, # 3 Exhibit 54 Part 3 of 4, # 4 Exhibit 54 Part 4 of 4, # 5 Exhibit 55, # 6 Exhibit 56, # 7 Exhibit 57 Part 1 of 2, # 8 Exhibit 57 Part 2 of 2, # 9 Exhibit 58 Part 1 of 3, # 10 Exhibit 58 Part 2 of 3, # 11 Exhibit 58 Part 3 of 3, # 12 Exhibit 59, # 13 Exhibit 60, # 14 Exhibit 61, # 15 Exhibit 62, # 16 Exhibit 63, # 17 Exhibit 64, # 18 Exhibit 65, # 19 Exhibit 66, # 20 Exhibit 67, # 21 Exhibit 68, # 22 Exhibit 69, # 23 Exhibit 70, # 24 Exhibit 71, # 25 Exhibit 72, # 26 Exhibit 73, # 27 Exhibit 74, # 28 Exhibit 75, # 29 Exhibit 76, # 30 Exhibit 77)(Poff, Adam) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 230 | EXHIBIT re 220 Declaration, [VOLUME 5 of 5 - EXHIBITS 78-94 TO DECLARATION OF JOSEPH H. KIM] by Wirtgen America, Inc.. (Attachments: # 1 Exhibit 78 Part 1 of 2, # 2 Exhibit 78 Part 2 of 2, # 3 Exhibit 79, # 4 Exhibit 80, # 5 Exhibit 81, # 6 Exhibit 82, # 7 Exhibit 83, # 8 Exhibit 84, # 9 Exhibit 85, # 10 Exhibit 87, # 11 Exhibit 88, # 12 Exhibit 89, # 13 Exhibit 90, # 14 Exhibit 91, # 15 Exhibit 92, # 16 Exhibit 93, # 17 Exhibit 94)(Poff, Adam) (Entered: 10/05/2023) (0) |
| Sep 8, 2023 | 206 | STIPULATION to increase page limits regarding briefing on summary judgment and Daubert motions by Wirtgen America, Inc.. (Poff, Adam) (Entered: 09/08/2023) (2) |
| Sep 8, 2023 | 207 | ORDER, the parties' joint request to modify the page limits (D.I. 206 ) set in the Scheduling Order (D.I. 28 ) is DENIED. Because the Parties will each file a separate statement of facts accompanying their motions, I conclude that 40 pages of argument is sufficient in this case. Signed by Judge Joshua D. Wolson on 9/8/2023. (mpb) (Entered: 09/08/2023) (1) |
| Aug 16, 2023 | 205 | NOTICE of Change of Address for Daniel E. Yonan, Paul A. Ainsworth, R. Wilson Powers III, Kyle E. Conklin, Deirdre M. Wells, Davin B. Guinn, and Joseph H. Kim by Wirtgen America, Inc. (Wilson, Samantha) (Entered: 08/16/2023) (3) |
| Aug 9, 2023 | 204 | ORDER, The parties' joint request to modify dates and deadlines regarding the briefing and filing of summary judgment motions in the Court's Scheduling Order (D.I. 28 ) is GRANTED and the Scheduling Order is Amended as follows. (PLEASE SEE ORDER FOR FURTHER DETAILS). Signed by Judge Joshua D. Wolson on 8/9/2023. (apk) (Entered: 08/09/2023) (2) |
| Aug 8, 2023 | 203 | Joint Letter to The Honorable Joshua D. Wolson from Adam W. Poff regarding procedures and schedule for summary judgment motions. (Poff, Adam) (Entered: 08/08/2023) (2) |
| Jul 10, 2023 | 202 | NOTICE OF SERVICE of Reply Expert Report Of Hubert Hausegger [Highly Confidential-Outside Attorneys' Eyes Only]; Reply Expert Report Of Richard W. Klopp, Ph.D., P.E., F.A.S.M.E. [Highly Confidential-Attorneys' Eyes Only]; Reply Expert Report Of Joseph Rakow, Ph.D., P.E., F.A.S.M.E. [Highly Confidential-Outside Attorneys' Eyes Only]; Joint Reply Expert Report Of Joseph Rakow, Ph.D., P.E., F.A.S.M.E. and Adam Sorini, Ph.D. [Highly Confidential-Outside Attorneys' Eyes Only]; Reply Expert Report Of Brett L. Reed [Highly Confidential-Outside Attorneys' Eyes Only]; Rebuttal Expert Report Of Dr. Andrew W. Smith, P.E. [Confidential-Attorneys' Eyes Only]; and Reply Expert Report Of Dr. Adam Sorini, Ph.D. [Highly Confidential-Outside Attorneys' Eyes Only] filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 07/10/2023) (2) |
| Jun 20, 2023 | 201 | NOTICE OF SERVICE of Rebuttal Expert Report Of Paul Bartkowski; Rebuttal Expert Report Of Richard W. Klopp, Ph.D., P.E., F.A.S.M.E. [Highly Confidential-Attorneys' Eyes Only]; Rebuttal Expert Report Of Joseph Rakow, Ph.D., P.E., F.A.S.M.E. [Highly Confidential-Outside Attorneys' Eyes Only]; Expert Report Of Brett L. Reed [Highly Confidential-Outside Attorneys' Eyes Only]; Expert Report Of Brett L. Reed Regarding Commercial Success [Highly Confidential-Outside Attorneys' Eyes Only]; Rebuttal Expert Report Of Dr. Andrew W. Smith, P.E. ; Rebuttal Expert Report Of Dr. Adam Sorini, Ph.D. [Highly Confidential-Outside Attorneys' Eyes Only]; and Joint Rebuttal Expert Report Of Joseph Rakow, Ph.D., P.E., F.A.S.M.E. And Adam Sorini, Ph.D. [Highly Confidential-Outside Attorneys' Eyes Only] filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 06/20/2023) (2) |
| May 24, 2023 | 200 | NOTICE OF SERVICE of Expert Report Of Hubert Hausegger [Highly Confidential-Outside Attorneys' Eyes Only], Opening Expert Report Of Richard W. Klopp, Ph.D., P.E., F.A.S.M.E. [Highly Confidential-Attorneys' Eyes Only], Opening Expert Report Of Joseph Rakow, Ph.D., P.E., F.A.S.M.E. [Highly Confidential-Outside Attorneys' Eyes Only], Expert Report Of Brett L. Reed [Highly Confidential-Outside Attorneys' Eyes Only], Opening Expert Report Of Dr. Andrew W. Smith, P.E. [Confidential-Attorneys' Eyes Only], Opening Expert Report Of Dr. Adam Sorini [Highly Confidential-Outside Attorneys' Eyes Only], and Joint Opening Expert Report Of Joseph Rakow, Ph.D., P.E., F.A.S.M.E. And Adam Sorini, Ph.D. [Highly Confidential-Outside Attorneys' Eyes Only] filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 05/24/2023) (2) |
| May 17, 2023 | 199 | ORDER, The parties' joint request to modify the Scheduling Order (D.I. 28 , as amended, D.I. 88 , 159 , 187 ) is GRANTED and the scheduling order is amended. (PLEASE SEE ORDER FOR FURTHER DETAILS) (Opening Expert Reports due by 5/19/2023., Rebuttal Expert Reports due by 6/16/2023., Expert Discovery due by 8/17/2023.) Signed by Judge Joshua D. Wolson on 5/17/2023. (apk) (Entered: 05/17/2023) (1) |
| May 10, 2023 | 197 | ORDER: On or before June 2, 2023, Wirtgen shall reduce its asserted claims to no more than 20 claims, with no more than four per patent, and Caterpillar shall reduce its invalidity references to 20 references. The Parties shall submit a letter on the docket outlining the claims and references that they intend to pursue in the case. Signed by Judge Joshua D. Wolson on 5/10/2023. (mpb) (Entered: 05/10/2023) (1) |
| May 10, 2023 | 198 | NOTICE OF SERVICE of Wirtgen America, Inc.'s Supplemental Responses and Objections to Caterpillar Inc.'s Interrogatory Nos. 10, 11, 14, 18, 20-22 filed by Wirtgen America, Inc..(Poff, Adam) (Entered: 05/10/2023) (2) |
| May 1, 2023 | 196 | Joint Letter to The Honorable Joshua D. Wolson from Adam W. Poff and Andrew L. Brown regarding status update regarding Caterpillar's Motion to Exclude [D.I. 188] - re 191 Order,,, 188 MOTION Defendant/Counterclaim-Plaintiff Caterpillar Inc.'s Motion to Exclude Discovery From Wirtgen GmbH Witnesses . (Poff, Adam) (Entered: 05/01/2023) (2) |
| Apr 28, 2023 | 193 | Letter to The Honorable Joshua D. Wolson from Adam W. Poff regarding a request for an extenstion to the Court's order to provide the Court with an update regarding Caterpillar's Motion to Exclude - re 191 Order,,,. (Poff, Adam) (Entered: 04/28/2023) (1) |
| Apr 28, 2023 | 194 | Letter to The Honorable Joshua D. Wolson from Bindu A. Palapura regarding case narrowing - re Telephone Conference. (Palapura, Bindu) (Entered: 04/28/2023) (1) |
| Apr 28, 2023 | 195 | Letter to The Honorable Joshua D. Wolson from Adam W. Poff regarding reduction of asserted claims - re 187 Order,. (Poff, Adam) (Entered: 04/28/2023) (2) |
| Apr 24, 2023 | 192 | NOTICE OF SERVICE of Defendant's Invalidity Contentions with Exhibits [Exhibits May Contain Confidential Information] filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 21, 2023 | 191 | ORDER, it is ORDERED that Caterpillar's Motion (D.I. No. 188 ) is GRANTED IN PART and DENIED IN PART. The Motion is denied to the extent it requests I strike the witnesses from Wirtgen America's Initial Disclosures and exclude evidence from the witnesses. However, Caterpillar may take discovery of Günter Hhn and Christian 3 Berning. The Parties shall meet and confer to resolve any disputes about the scope of ESI discovery of the witnesses, the location for depositions of the witnesses, and the scope of those witnesses' testimony. On or before April 28, 2023, they shall send me a letter that does not exceed six single-spaced pages and that either (a) informs me that they have resolved all disputes or (b) sets forth any remaining disputes and each party's position. (See Order for further details). Signed by Judge Joshua D. Wolson on 4/21/2023. (twk) (Entered: 04/21/2023) (3) |
| Apr 20, 2023 | 190 | NOTICE OF SERVICE of 1) Plaintiff's Responses and Objections to Defendant's First Set of Requests for Admission (Nos. 1-88); 2) Wirtgen America Inc.'s Supplemental Responses and Objections to Caterpillar Inc.'s Interrogatory No. 1, 3-5, 9-12, 14; and 3) Wirtgen America Inc.'s Responses and Objections to Caterpillar Inc.'s Second Set of Interrogatories (Nos. 16-38) filed by Wirtgen America, Inc..(Poff, Adam) (Entered: 04/20/2023) (2) |
| Apr 14, 2023 | 187 | ORDER MODIFYING SCHEDULING ORDER: Deadline for Service of Invalidity Contentions due by 4/21/2023. Deadline to Reduce Asserted Claims due by 4/28/2023 Opening Expert Reports due by 5/11/2023. Rebuttal Expert Reports due by 6/8/2023. Reply Expert Reports due by 6/30/2023. Signed by Judge Joshua D. Wolson on 04/14/2023. (apk) Modified on 4/17/2023 (apk). (Entered: 04/14/2023) (1) |
| Apr 14, 2023 | 188 | MOTION Defendant/Counterclaim-Plaintiff Caterpillar Inc.'s Motion to Exclude Discovery From Wirtgen GmbH Witnesses - filed by Caterpillar, Inc.. (Attachments: # 1 Certification Pursuant to D. Del. LR 7.1.1, # 2 Text of Proposed Order)Motions referred to Mary Pat Thynge.(Palapura, Bindu) (Entered: 04/14/2023) (0) |
| Apr 14, 2023 | 189 | OPENING BRIEF in Support re 188 MOTION Defendant/Counterclaim-Plaintiff Caterpillar Inc.'s Motion to Exclude Discovery From Wirtgen GmbH Witnesses filed by Caterpillar, Inc..Answering Brief/Response due date per Local Rules is 4/28/2023. (Attachments: # 1 Exhibit A - Dep. Tr. Schmidt, # 2 Exhibit B - Dep. Tr. Wiley, # 3 Exhibit C - Wirtgen Initial Disclosures, # 4 Exhibit D - Wirtgen Amended Initial Disclosures, # 5 Exhibit E - 02/10/22 Ltr from Wirtgen America counsel re search terms and custodians, # 6 Exhibit F - Wirtgen Second Amended Initial Disclosures)(Palapura, Bindu) (Entered: 04/14/2023) (0) |
| Apr 12, 2023 | 186 | Joint STIPULATION Regarding Representative Accused Products by Wirtgen America, Inc.. (Poff, Adam) (Entered: 04/12/2023) (4) |
| Apr 10, 2023 | 184 | NOTICE OF SERVICE of Caterpillar Inc.'s Second Amended Infringement Contentions; Defendant Caterpillar Inc.'s Objections And Responses To Plaintiff Wirtgen America, Inc.'s First Set Of Requests For Admission (Nos. 1-33); Defendant Caterpillar Inc.'s Objections And Responses To Plaintiff Wirtgen America, Inc.'s Fourth Set Of Requests For Production (Nos. 168-173); Defendant Caterpillar Inc.'s Objections And Responses To Plaintiff Wirtgen America, Inc.'s Third Set Of Interrogatories (Nos. 32-33) [Highly Confidential-Outside Attorneys' Eyes Only]; Caterpillar Inc.'s Supplemental And Amended Responses And Objections To Wirtgen America, Inc.'s First Set Of Interrogatories (Nos. 7-10 and 13-17) [Highly Confidential-Outside Attorneys' Eyes Only]; and Caterpillar Inc.'s Supplemental Responses And Objections To Wirtgen America, Inc.'s Second Set Of Interrogatories (Nos. 23-26 and 29) [Highly Confidential-Outside Attorneys' Eyes Only] filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 04/10/2023) (3) |
| Apr 10, 2023 | 185 | STIPULATION to Stay Patents for Case Narrowing Purposes and [Proposed] Order by Caterpillar, Inc.. (Brown, Andrew) (Entered: 04/10/2023) (5) |
| Apr 5, 2023 | 183 | NOTICE requesting Clerk to remove Erik J. Carlson as co-counsel. Reason for request: no longer with the firm of Wilson Sonsini Goodrich & Rosati, P.C.. (Palapura, Bindu) (Entered: 04/05/2023) (2) |
| Mar 29, 2023 | 182 | ORDER Regarding Agreed-Upon Constructions. Signed by Judge Joshua D. Wolson on 03/29/2022. (smg) (Entered: 03/29/2023) (1) |
| Mar 27, 2023 | 181 | Joint Letter to The Honorable Joshua D. Wolson from Adam W. Poff regarding agreed-upon construction of terms - re 168 Order,,, Terminate Motions,,. (Poff, Adam) (Entered: 03/27/2023) (1) |
| Mar 24, 2023 | 180 | NOTICE of Issuance of Subpoena upon Deere & Company by Caterpillar, Inc. (Palapura, Bindu) (Entered: 03/24/2023) (30) |
| Mar 23, 2023 | 179 | NOTICE of Issuance of Subpoena upon CENTA Corporation by Caterpillar, Inc. (Palapura, Bindu) (Entered: 03/23/2023) (30) |
| Mar 14, 2023 | 177 | NOTICE OF SERVICE of Caterpillar Inc.'s Responses and Objections to Wirtgen America, Inc.'s Second Set of Interrogatories (Nos. 21-31) [Highly Confidential-Outside Attorneys' Eyes Only] filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 03/14/2023) (2) |
| Mar 14, 2023 | 178 | NOTICE OF SERVICE of Plaintiff Wirtgen America, Inc.'s Final Infringement Contentions filed by Wirtgen America, Inc..(Wilson, Samantha) (Entered: 03/14/2023) (2) |
| Mar 13, 2023 | 176 | NOTICE OF SERVICE of Caterpillar Inc.'s Amended Infringement Contentions With Exhibits A-D [Highly Confidential-Outside Attorneys' Eyes Only-Subject to Protective Order] filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/13/2023) (2) |
| Mar 10, 2023 | 167 | MEMORANDUM OPINION. Signed by Judge Joshua D. Wolson on 03/10/2023. (apk) (Entered: 03/10/2023) (23) |
| Mar 10, 2023 | 168 | ORDER, The Court construes the following claim terms of U.S. Patent Nos. 7,946,788('788 Patent); 8,511,932('932 Patent); 8,690,474('474 Patent); RE48,268('268 Patent); 7,523,995('995 Patent); 9,975,538('538 Patent); 9,371,618('618 Patent); 7,828,309('309 Patent); 7,530,641('641 Patent); 8,113,592('592 Patent); 9,010,871('871 Patent); 9,656,530 ('530 Patent); 8,424,972('972 Patent); 9,879,390('390 Patent) as follows (PLEASE SEE ATTACHED ORDER). The Joint Motion for Hearing on Claim Construction (D.I. 115 ) is DENIED AS MOOT. Signed by Judge Joshua D. Wolson on 03/10/2023. (apk) (Entered: 03/10/2023) (5) |
| Mar 10, 2023 | 169 | NOTICE to Take Deposition of Sandy Draper on March 21, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 170 | NOTICE to Take Deposition of Brad McKinney on March 22, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 171 | NOTICE to Take Deposition of Jeff Wiley on March 24, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 172 | NOTICE to Take Deposition of Brodie Hutchins on March 28, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 173 | NOTICE to Take Deposition of Jan Schmidt on March 29, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 174 | NOTICE to Take Deposition of Jim McEvoy on March 31, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 175 | NOTICE OF SERVICE of Wirtgen America, Inc.'s [Amended] Notice of Subpoena to Deere & Company filed by Wirtgen America, Inc..(Poff, Adam) (Entered: 03/10/2023) (2) |
| Mar 9, 2023 | 166 | NOTICE OF SERVICE of Notice of Deposition of Jeff Hoyle filed by Wirtgen America, Inc..(Wilson, Samantha) (Entered: 03/09/2023) (2) |
| Mar 8, 2023 | 165 | NOTICE of Subpoena to James Aardema by Wirtgen America, Inc. (Attachments: # 1 Exhibit A - Subpoena)(Wilson, Samantha) (Entered: 03/08/2023) (0) |
| Mar 7, 2023 | 164 | NOTICE OF SERVICE of Notice of Deposition of Timothy Lewis, and Subpoena to Testify at a Deposition in a Civil Action filed by Wirtgen America, Inc..(Poff, Adam) (Entered: 03/07/2023) (2) |
| Mar 2, 2023 | 161 | NOTICE OF SERVICE of 1) Plaintiff Wirtgen America, Inc.'s Fourth Set of Requests for Production to Defendant Caterpillar Inc. (Nos. 168-173); 2) Wirtgen America, Inc.'s Third Set of Interrogatories to Caterpillar Inc. (Nos. 32-33); and 3) Plaintiff Wirtgen America, Inc.s First Set of Requests for Admission to Defendant Caterpillar Inc. (Nos. 1-33) filed by Wirtgen America, Inc..(Poff, Adam) (Entered: 03/02/2023) (2) |
| Mar 2, 2023 | 162 | NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Third Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1), and Caterpillar's First Set of Requests for Admissions to Plaintiff Wirtgen America, Inc. filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 03/02/2023) (2) |
| Mar 2, 2023 | 163 | NOTICE OF SERVICE of [Revised] Notice of Deposition of Daniel Killion filed by Wirtgen America, Inc..(Poff, Adam) (Entered: 03/02/2023) (2) |
| Mar 1, 2023 | 160 | NOTICE OF SERVICE of Caterpillar Inc.'s Second Set of Interrogatories to Wirtgen America, Inc. (Nos. 16-38) filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 03/01/2023) (2) |
| Feb 28, 2023 | 159 | ORDER, the parties' joint request to modify the Scheduling Order (D.I. 28 ) is GRANTED and the deadline to serve final infringement contentions is extended from March 2, 2023 to March 10, 2023. Signed by Judge Joshua D. Wolson on 2/28/2023. (twk) (Entered: 02/28/2023) (1) |
| Feb 27, 2023 | 157 | NOTICE to Take Deposition of Nick Maupin on March 21, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 02/27/2023) (2) |
| Feb 27, 2023 | 158 | NOTICE to Take Deposition of Austin Holt on March 23, 2023 filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 02/27/2023) (2) |
| Feb 24, 2023 | 155 | NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant's Notices of Deposition Pursuant to Fed. R. Civ. 30(b)(1) of various Deponents filed by Wirtgen America, Inc..(Wilson, Samantha) (Entered: 02/24/2023) (3) |
| Feb 24, 2023 | 156 | NOTICE OF SERVICE of Wirtgen America, Inc.'s Supplemental Responses and Objections to Caterpillar Inc.'s Interrogatory No. 13 filed by Wirtgen America, Inc..(Wilson, Samantha) (Entered: 02/24/2023) (2) |
| Feb 23, 2023 | 154 | NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Second Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 02/23/2023) (2) |
| Feb 21, 2023 | 152 | Official Transcript of Tech Tutorial and Claim Construction Hearing held on 01/24/2023 before Judge Wolson. Court Reporter/Transcriber Kim Haley. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (smg) (Entered: 02/21/2023) (121) |
| Feb 21, 2023 | 153 | Official Transcript of Tech Tutorial and Claim Construction Hearing held on 01/25/2023 before Judge Wolson. Court Reporter/Transcriber Kim Haley. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (smg) (Entered: 02/21/2023) (148) |
| Feb 16, 2023 | 151 | NOTICE OF SERVICE of Plaintiff Wirtgen America, Inc.'s Amended Initial Disclosures, Pursuant to Federal Rules of Civil Procedure 26(a)(1) filed by Wirtgen America, Inc..(Poff, Adam) (Entered: 02/16/2023) (2) |
| Feb 10, 2023 | 150 | NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 02/10/2023) (2) |
| Feb 8, 2023 | 147 | NOTICE of Appearance by Andrew L. Brown on behalf of Caterpillar, Inc. (Brown, Andrew) (Entered: 02/08/2023) (1) |
| Feb 8, 2023 | 148 | NOTICE OF SERVICE of Caterpillar Inc.'s Responses and Objections to Wirtgen America, Inc.'s First Set of Interrogatories (Nos. 1-20) [Highly Confidential-Outside Attorneys' Eyes Only] filed by Caterpillar, Inc..(Brown, Andrew) (Entered: 02/08/2023) (2) |
| Feb 8, 2023 | 149 | Letter to The Honorable Joshua D. Wolson from Adam W. Poff regarding the status of certain discovery issues raised at the January 25, 2023 Markman hearing - re 143 Terminate Motions,,, Set Hearings,,, Order,,. (Poff, Adam) (Entered: 02/08/2023) (2) |
| Feb 7, 2023 | 146 | NOTICE OF SERVICE of Wirtgen America, Inc.'s First Set of Interrogatories to Caterpillar Inc. (Nos. 1-20) filed by Wirtgen America, Inc..(Wilson, Samantha) (Entered: 02/07/2023) (2) |
| Feb 3, 2023 | 144 | ORDER granting D.I. 140 Motion to Appear Pro Hac Vice of Attorney Erik J. Carlson. Signed by Judge Joshua D. Wolson on 02/03/2023. (apk) (Entered: 02/03/2023) (2) |
| Feb 3, 2023 | 145 | ORDER granting D.I. 141 Motion to Appear Pro Hac Vice of Attorney Christopher Mays. Signed by Judge Joshua D. Wolson on 02/03/2023. (apk) (Entered: 02/03/2023) (2) |
| Jan 26, 2023 | 143 | ORDER: Wirtgen America, Inc.'s Motion to Compel Compliance with Third-PartySubpoena to Caterpillar Trimble Control Technologies LLC ("CTCT") (D.I. 134 ) is GRANTED. Wirtgen America, Inc.'s Motion to Modify the Scheduling Order (D.I. 139 ) is GRANTED on the terms agreed to by the Parties on the record on January 25, 2023. The Court will hold a telephone status conference on February 10, 2023, at 4:00 p.m. EDT. (See Order for further details) Signed by Judge Joshua D. Wolson on 01/26/2023. (smg) (Entered: 01/26/2023) (3) |
| Jan 24, 2023 | 140 | MOTION for Pro Hac Vice Appearance of Attorney Erik J. Carlson - filed by Caterpillar, Inc.. (Palapura, Bindu) (Main Document 140 replaced on 1/24/2023) (twk). (Entered: 01/24/2023) (2) |
| Jan 24, 2023 | 141 | MOTION for Pro Hac Vice Appearance of Attorney Christopher Mays - filed by Caterpillar, Inc.. (Palapura, Bindu) (Entered: 01/24/2023) (2) |
| Jan 24, 2023 | 142 | NOTICE of Rule 30(b)(6) Deposition of Defendant/Counterclaim-Plaintiff Caterpillar Inc. by Wirtgen America, Inc. (Wilson, Samantha) (Entered: 01/24/2023) (25) |
| Jan 23, 2023 | 137 | RESPONSE to Motion re 134 MOTION to Compel Compliance with Third-Party Subpoena to Caterpillar Trimble Control Technologies LLC filed by Caterpillar Trimble Control Technologies, LLC. (Attachments: # 1 Exhibit 1 - Wirtgen's Application for Subpoena to CTCT in 1067 Investigation, # 2 Exhibit 2 - Email Correspondence re Wirtgen's Subpoena to CTCT)(Liston, Ian) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 138 | NOTICE to Take Deposition of Wirtgen America, Inc. on a date and time to be mutually agreed upon by the parties (Notice of Rule 30(b)(6) Deposition) filed by Caterpillar, Inc.. (Attachments: # 1 Exhibit A)(Palapura, Bindu) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 139 | MOTION to Modify the Scheduling Order - filed by Wirtgen America, Inc.. (Attachments: # 1 Exhibit A - 12.8.22 E-mail re Discovery Proposal, # 2 Exhibit B - Defendant Caterpillar Inc.'s Initial Rule 26(a)(1) Disclosures, # 3 Text of Proposed Order)Motions referred to Mary Pat Thynge.(Poff, Adam) (Entered: 01/23/2023) (0) |
| Jan 20, 2023 | 136 | NOTICE of Subpoena to RFA Engineering by Wirtgen America, Inc. (Attachments: # 1 Exhibit 1 - Subpoena to RFA Engineering)(Poff, Adam) (Entered: 01/20/2023) (0) |
| Jan 17, 2023 | 135 | ORAL ORDER: D.I. 134 is no longer referred to Magistrate Judge Thynge. Ordered by Judge Joshua D. Wolson on 01/17/2023. (smg) (Entered: 01/17/2023) (0) |
| Jan 9, 2023 | 134 | MOTION to Compel Compliance with Third-Party Subpoena to Caterpillar Trimble Control Technologies LLC - filed by Wirtgen America, Inc.. (Attachments: # 1 Exhibit 1 - Wirtgen's Notice of Subpoena to Caterpillar Trimble Control Technologies LLC, # 2 Exhibit 2 - Caterpillar Trimble Control Technologies LLC's Objections & Responses to Subpoena, # 3 Exhibit 3 - Caterpillar Trimble Control Technologies LLC's Amended Objections & Responses to Subpoena, # 4 Exhibit 4 - Email chain regarding Caterpillar Trimble Control Technologies LLC's Responses to Subpoena, # 5 Text of Proposed Order).(Poff, Adam) Modified on 1/17/2023 to remove referral text(smg). (Entered: 01/09/2023) (0) |
| Jan 6, 2023 | 133 | NOTICE of Issuance of Subpoena to Patterson Intellectual Property Law, P.C. by Caterpillar, Inc. (Palapura, Bindu) (Entered: 01/06/2023) (8) |
| Jan 4, 2023 | 132 | NOTICE of Subpoena to Altorfer Inc. by Wirtgen America, Inc. (Attachments: # 1 Exhibit 1 - Subpoena)(Poff, Adam) (Entered: 01/04/2023) (0) |
| Dec 29, 2022 | 131 | NOTICE of Subpoena to Holt Texas, Ltd. by Wirtgen America, Inc. (Attachments: # 1 Exhibit 1 - Subpoena to Holt Texas, Ltd.)(Poff, Adam) (Entered: 12/29/2022) (0) |
| Dec 23, 2022 | 130 | NOTICE OF SERVICE of Wirtgen America, Inc.'s Responses and Objections to Caterpillar Inc.'s First Set of Interrogatories (Nos. 1-15) filed by Wirtgen America, Inc..(Wilson, Samantha) (Entered: 12/23/2022) (2) |
| Dec 19, 2022 | 129 | MULTI MEDIA DOCUMENT in the form of 2 USB Drives. Filing related to 128 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (srs) (Entered: 12/19/2022) (0) |
| Dec 16, 2022 | 127 | Letter to The Honorable Joshua D. Wolson from Adam W. Poff regarding Technology Tutorial. (Poff, Adam) (Entered: 12/16/2022) (1) |
| Dec 16, 2022 | 128 | NOTICE of filing the following Non-Paper material(s) in multi media format: Caterpillar's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Bindu Ann George Palapura on behalf of Caterpillar, Inc. (Palapura, Bindu) (Entered: 12/16/2022) (1) |
| Nov 21, 2022 | 126 | ORAL ORDER, D.I. 115 is no longer referred to Magistrate Judge Thynge. Signed by Judge Joshua D. Wolson on 11/21/2022. (srs) (Entered: 11/21/2022) (0) |
| Nov 18, 2022 | 122 | NOTICE OF SERVICE of Caterpillar Inc.'s First Set of Interrogatories to Wirtgen America, Inc. (Nos. 1-15) filed by Caterpillar, Inc..(Palapura, Bindu) (Entered: 11/18/2022) (2) |
| Nov 18, 2022 | 123 | NOTICE of Issuance of Subpoena to Honnen Equipment Co. Inc. by Caterpillar, Inc. (Palapura, Bindu) (Entered: 11/18/2022) (30) |
| Nov 18, 2022 | 124 | NOTICE of Issuance of Subpoena to Monroe Tractor & Implement Co., Inc. by Caterpillar, Inc. (Palapura, Bindu) (Entered: 11/18/2022) (30) |
| Nov 18, 2022 | 125 | NOTICE of Issuance of Subpoena to RDO Equipment Co. by Caterpillar, Inc. (Palapura, Bindu) (Entered: 11/18/2022) (30) |
| Nov 17, 2022 | 115 | Joint MOTION for Hearing on Claim Construction - filed by Wirtgen America, Inc.. (Wilson, Samantha) Modified on 11/21/2022 (srs). (Entered: 11/17/2022) (3) |
| Nov 17, 2022 | 116 | JOINT CLAIM CONSTRUCTION BRIEF for Wirtgen America's Asserted Patents filed by Wirtgen America, Inc.. (Wilson, Samantha) (Entered: 11/17/2022) (30) |
| Nov 17, 2022 | 117 | JOINT CLAIM CONSTRUCTION BRIEF Regarding Caterpillar's Counterclaim Patents filed by Caterpillar, Inc.. (Palapura, Bindu) (Entered: 11/17/2022) (30) |
| Nov 17, 2022 | 118 | APPENDIX re 117 Joint Claim Construction Brief (Volume I, Exhibits A-M) by Caterpillar, Inc.. (Attachments: # 1 Exhibit A-Patent 7,523,995, # 2 Exhibit B-Patent 9,975,538, # 3 Exhibit C-Patent 9,371,618, # 4 Exhibit D-995 Patent File History excerpt, # 5 Exhibit E-538 Patent File History excerpts, # 6 Exhibit F-Patent 7,140,693, # 7 Exhibit G-693 Patent File History, # 8 Exhibit H-IPR2018-01202, Paper 29 Final Written Decision, # 9 Exhibit I-IPR2018-01202, Paper 16 Patent Owner Response, # 10 Exhibit J-No. 337-TA-1088 Commission Opinion, # 11 Exhibit K-Decl. of J. Stein, # 12 Exhibit L-Patent 8,465,105, # 13 Exhibit M-American Heritage Dictionary)(Palapura, Bindu) (Entered: 11/17/2022) (0) |
| Nov 17, 2022 | 119 | Joint APPENDIX re 116 Joint Claim Construction Brief for Wirtgen America's Asserted Patents - VOLUME 1 of 2 by Wirtgen America, Inc.. (Attachments: # 1 Exhibit A - U.S. Patent No. 7,828,309, # 2 Exhibit B - U.S. Patent No. 8,118,316, # 3 Exhibit C - U.S. Patent No. 7,530,641, # 4 Exhibit D - U.S. Patent No. 8,113,592, # 5 Exhibit E - U.S. Patent No. 9,010,871, # 6 Exhibit F - U.S. Patent No. 9,656,530, # 7 Exhibit G - U.S. Patent No. 7,946,788, # 8 Exhibit H - U.S. Patent No. 8,511,932, # 9 Exhibit I - U.S. Patent No. 8,690,474, # 10 Exhibit J - U.S. Patent No. RE48,268, # 11 Exhibit K - U.S. Patent No. 8,424,972, # 12 Exhibit L - U.S. Patent No. 9,879,390, # 13 Exhibit M - U.S. Patent No. 9,879,391, # 14 Exhibit N - Excerpts from Prosecution History for the 788 Patent, # 15 Exhibit O - Excerpts from Prosecution History for the 268 Patent_Part 1, # 16 Exhibit O - Excerpts from Prosecution History for the 268 Patent_Part 2, # 17 Exhibit O Excerpts from Prosecution History for the 268 Patent_Part 3, # 18 Exhibit O - Excerpts from Prosecution History for the 268 Patent_Part 4)(Wilson, Samantha) (Entered: 11/17/2022) (0) |
| Nov 17, 2022 | 120 | Joint APPENDIX re 117 Joint Claim Construction Brief (Volume II, Exhibits N-FF) by Caterpillar, Inc.. (Attachments: # 1 Exhibit N-Curriculum Vitae of J. Stein, # 2 Exhibit O-Patent 8,622,871, # 3 Exhibit P-Characteristics of Multiple Range Hydromechanical Transmissions, # 4 Exhibit Q-U.S. Patent Pub. No. 20150091363, # 5 Exhibit R-Patent 9,864,347, # 6 Exhibit S-U.S. Patent Pub. No. 2009.0118912, # 7 Exhibit T-Continuously Variable Transmissions Theory and Practice, # 8 Exhibit U-U.S. Patent Pub. No. US 2010.0014917 A1, # 9 Exhibit V-Agricultural Industry Advanced Vehicle Tech., # 10 Exhibit W-Patent 8,806,864, # 11 Exhibit X-John Deere, Transmissions, Infinitely Variable Transmission, # 12 Exhibit Y-Massey Ferguson, MF-8600 A Powerful Future in Farming, # 13 Exhibit Z-Patent 9,656,656, # 14 Exhibit AA-Patent 8,483,927, # 15 Exhibit BB-Case IH Agriculture, # 16 Exhibit CC-Challenger, The New MT600C Series, # 17 Exhibit DD-IPR 2018-01202, Paper 21, # 18 Exhibit EE-IPR 2018-01202, Ex. 2008-Decl. of W. Singhose, Ph.D., # 19 Exhibit FF-Decl. of R. W. Klopp)(Palapura, Bindu) (Entered: 11/17/2022) (0) |
| Nov 17, 2022 | 121 | Joint APPENDIX re 116 Joint Claim Construction Brief for Wirtgen America's Asserted Patents - VOLUME 2 of 2 by Wirtgen America, Inc.. (Attachments: # 1 Rahn Declaration ISO Wirtgen's Opening CC Brief, # 2 Rahn Declaration ISO Wirtgen's Reply CC Brief, # 3 Exhibit P - IPR2018-01091, Final Written Decision, # 4 Exhibit Q - IPR2018-01091, Declaration of David M. Bevly, # 5 Exhibit R - IPR2018-01091, Bevly Declaration ISO Petitioner's Opp to Motion to Amend Claims, # 6 Exhibit S - IPR2018-01091, Decision Instituting Inter Partes Review, # 7 Exhibit T - IPR2018-01091, Manual for the Application of Cold Milling Machines (Part 1 of 2), # 8 Exhibit T - IPR2018-01091, Manual for the Application of Cold Milling Machines (Part 2 of 2), # 9 Exhibit U - IPR2018-01091, Declaration of Jan Schmidt, # 10 Exhibit V - U.S. Patent No. 4,343,513 to Godbersen, # 11 Exhibit W - U.S. Patent No. 5,809,985 to Kingsley et al., # 12 Exhibit X - R.C. Hibbeler, Mechanics of Materials, # 13 Exhibit Y - William D. Callister, Jr., Materials Science and Engineering, # 14 Exhibit Z - 2018.06.04 Article, Spring Constant Formula, # 15 Exhibit AA - U.S. Patent No. 7,357,379, # 16 Exhibit AB - European Patent App 1 153 973, # 17 Exhibit AC - Hooke's Law, # 18 Exhibit AD - 2003.05.01 Article, Collision Investigation, # 19 Klopp Declaration ISO Caterpillar's Opening CC Brief)(Wilson, Samantha) (Entered: 11/17/2022) (0) |
| Oct 28, 2022 | 114 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Sur-Reply Claim Construction Brief filed by Caterpillar, Inc..(Palapura, Bindu) |
| Oct 27, 2022 | 113 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Sur-Reply Claim Construction Brief for Wirtgen America's Asserted Patents filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Oct 14, 2022 | 111 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim Defendant Wirtgen America, Inc.'s Reply Claim Construction Brief filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Oct 14, 2022 | 112 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Reply Claim Construction Brief; Declaration of Richard W. Klopp, Ph.D., P.E., F.A.S.M.E. in Support of Caterpillar Inc.'s Reply Claim Construction Brief; and Caterpillar Inc.'s Objections and Responses to Wirtgen America, Inc.'s Third Set of Requests for Production to Caterpillar (Nos. 146-167) filed by Caterpillar, Inc..(Palapura, Bindu) |
| Oct 7, 2022 | 110 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Thompson Machinery Commerce Corp. by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Poff, Adam) |
| Oct 7, 2022 | 110 | Notice (Other) (Exhibit 1 - Subpoena) (30) Docket Text: NOTICE of Subpoena to Thompson Machinery Commerce Corp. by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Poff, Adam) |
| Oct 6, 2022 | 109 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Southworth-Milton, Inc. d/b/a Milton CAT by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Poff, Adam) |
| Oct 6, 2022 | 109 | Notice (Other) (Exhibit 1 - Subpoena) (30) Docket Text: NOTICE of Subpoena to Southworth-Milton, Inc. d/b/a Milton CAT by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Poff, Adam) |
| Oct 3, 2022 | 107 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of of Subpoena to Empire Southwest Co. by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena to Empire Southwest Co.)(Poff, Adam) |
| Oct 3, 2022 | 107 | Notice (Other) (Exhibit 1 - Subpoena to Empire Southwest Co.) (30) Docket Text: NOTICE of of Subpoena to Empire Southwest Co. by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena to Empire Southwest Co.)(Poff, Adam) |
| Oct 3, 2022 | 108 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of of Subpoena to Ring Power Corporation by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena to Ring Power Corporation)(Poff, Adam) |
| Oct 3, 2022 | 108 | Notice (Other) (Exhibit 1 - Subpoena to Ring Power Corporation) (30) Docket Text: NOTICE of of Subpoena to Ring Power Corporation by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena to Ring Power Corporation)(Poff, Adam) |
| Sep 28, 2022 | 106 | Order (6) Docket Text: ORDER, Wirtgen's Motion to Sever and Transfer Defendant/Counterclaim-Plaintiff Caterpillar Inc.'s permissive Counterclaims for Patent Infringement (D.I. [56]) is DENIED. The Claim Construction Hearing scheduled for January 24,2023, will focus solely on the claims that Wirtgen asserts in its affirmative claims. The Court will hold a separate Claim Construction Hearing for Caterpillars counterclaims on January 25, 2023. Each hearing will begin at 9:30 a.m. ET in Courtroom 12B, 601 Market Street, Philadelphia, PA 19106. Signed by Judge Joshua D. Wolson on 9/28/2022. (apk) |
| Sep 27, 2022 | 105 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim Defendant Wirtgen America, Inc.s Responsive Claim Construction Brief filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Sep 26, 2022 | 104 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Answering Claim Construction Brief; and Declaration Of Richard W. Klopp, Ph.D., P.E., F.A.S.M.E. In Support Of Caterpillar Inc.'s Answering Clam Construction Brief filed by Caterpillar, Inc..(Palapura, Bindu) |
| Sep 22, 2022 | 103 | Letter (2) Docket Text: Joint Letter to The Honorable Joshua D. Wolson from Samantha G. Wilson regarding time allotted for the January 24, 2023 hearing on claim construction. (Wilson, Samantha) |
| Sep 20, 2022 | 102 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of subpoena to Godbersen-Smith Construction Company d/b/a GOMACO Corporation by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1)(Poff, Adam) |
| Sep 20, 2022 | 102 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of subpoena to Godbersen-Smith Construction Company d/b/a GOMACO Corporation by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1)(Poff, Adam) |
| Sep 13, 2022 | 101 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Third Set of Requests for Production to Defendant/Counterclaim-Plaintiff Caterpillar Inc. (Nos. 146-167) filed by Wirtgen America, Inc..(Poff, Adam) |
| Sep 7, 2022 | 100 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Opening Claim Construction Brief for Wirtgen America's Asserted Patents filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Sep 2, 2022 | 99 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Opening Claim Construction Brief filed by Caterpillar, Inc..(Palapura, Bindu) |
| Sep 1, 2022 | 97 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Caterpillar Trimble Control Technologies LLC by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Poff, Adam) |
| Sep 1, 2022 | 97 | Notice (Other) (Exhibit 1 - Subpoena) (30) Docket Text: NOTICE of Subpoena to Caterpillar Trimble Control Technologies LLC by Wirtgen America, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Poff, Adam) |
| Sep 1, 2022 | 98 | Notice (Other) (2) Docket Text: NOTICE of Withdrawal of Certain Pro Hac Counsel - Scott M. Douglass by Wirtgen America, Inc. (Poff, Adam) |
| Jul 28, 2022 | 95 | Claim Construction Chart (Main Document) (12) Docket Text: CLAIM Construction Chart by Caterpillar, Inc.. (Attachments: # (1) Exhibit A-H)(Palapura, Bindu) |
| Jul 28, 2022 | 95 | Claim Construction Chart (Exhibit A-H) (30) Docket Text: CLAIM Construction Chart by Caterpillar, Inc.. (Attachments: # (1) Exhibit A-H)(Palapura, Bindu) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Main Document) (19) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit A) (19) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit B) (19) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit C) (11) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit D) (11) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit E) (12) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit F) (11) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit G) (16) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit H) (18) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit I) (17) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit J) (13) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit K) (21) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit L) (13) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit M) (13) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit N) (12) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit O Part 1 of 4) (30) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit O Part 2 of 4) (30) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit O Part 3 of 4) (30) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 28, 2022 | 96 | Claim Construction Chart (Exhibit O Part 4 of 4) (30) Docket Text: CLAIM Construction Chart by Wirtgen America, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O Part 1 of 4, # (16) Exhibit O Part 2 of 4, # (17) Exhibit O Part 3 of 4, # (18) Exhibit O Part 4 of 4)(Poff, Adam) |
| Jul 14, 2022 | 93 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Identification of Terms for Construction and Their Proposed Construction, Pursuant to Paragraph 7 of the Scheduling Order filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Jul 14, 2022 | 94 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Identification Of Claim Terms And Proposed Construction filed by Caterpillar, Inc..(Bartlett, Carson) |
| Jun 30, 2022 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Judge Joshua D. Wolson - Video Status Conference held on 6/30/2022. (Time in Court: 30 minutes) (smg) |
| Jun 30, 2022 | 92 | Order (2) Docket Text: ORDER, Wirtgen America, Inc.'s Motion To Dismiss Defendant/Counterclaim-Plaintiff Caterpillar Inc.'s Third And Fourth Counterclaims For Failure To State A Claim Upon Which Relief Can Be Granted (D.I. [54]) is DENIED AS MOOT. On or before July 15, 2022, the Parties shall meet and confer to set aside dates to hold open for depositions before the close of discovery. On or before December 16, 2022, the parties shall provide the Court a tutorial on the technology at issue. The Court's prior Protective Orders (D.I. [53] and D.I. [61]) are each AMENDED. The Claim Construction hearing will take place at 9:30 a.m. EST on January 24, 2023. (See Order for further details). Signed by Judge Joshua D. Wolson on 06/30/2022. (smg) |
| Jun 8, 2022 | 91 | Order (1) Docket Text: ORDER, A Zoom status conference is scheduled for June 30, 2022 at 9:30 a.m. ET, before the undersigned. The Court will provide the Parties with the Zoom link closer to the scheduled date. Signed by Judge Joshua D. Wolson on 6/8/2022. (apk) |
| Jun 2, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Joshua D. Wolson of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (JDW) after the case number on all documents filed. (rjb) |
| Jun 2, 2022 | 90 | Order (1) Docket Text: ORDER: DESIGNATION OF DISTRICT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Joshua D. Wolson of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge Michael A Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 6/2/2022. (rjb) |
| May 4, 2022 | 89 | Order (3) Docket Text: ORDER re [30] Order: The following procedures for discovery disputes with JudgeThynge in this matter shall replace the procedures defined in the Order at D.I. 30. Signed by Judge Mary Pat Thynge on 5/4/2022. (Taylor, Daniel) |
| Apr 11, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb) |
| Apr 4, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [88] Stipulation and [Proposed] Order to Amend the Scheduling Order (*Reset Deadlines: Fact Discovery completed by 3/31/2023). Signed by Judge Richard G. Andrews on 4/4/2022. (nms) |
| Apr 4, 2022 | 88 | Stipulation (1) Docket Text: STIPULATION and [Proposed] Order to Amend the Scheduling Order, by Caterpillar, Inc.. (Palapura, Bindu) Modified on 4/4/2022 (nms). |
| Apr 1, 2022 | 87 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Initial Invalidity Contentions, Pursuant to Paragraph 4 of the District of Delawares Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Wirtgen America, Inc..(Poff, Adam) |
| Mar 18, 2022 | 86 | Statement (8) Docket Text: JOINT Statement Pursuant to Paragraph 3(h)(iii) of the Scheduling Order, by Wirtgen America, Inc.. (Wilson, Samantha) Modified on 3/21/2022 (nms). |
| Mar 3, 2022 | 85 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Initial Infringement Contentions With Exs. A-D [Confidential-Subject to Protective Order] filed by Caterpillar, Inc..(Palapura, Bindu) |
| Feb 10, 2022 | 84 | Notice (Other) (30) Docket Text: NOTICE of Issuance of Subpoena upon Wirtgen GmbH by Caterpillar, Inc. (Palapura, Bindu) |
| Jan 28, 2022 | 83 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Disclosure Of Additional Requested Search Terms, Pursuant To 3(h)(i)(3) Of The Scheduling Order (D.I. 28) filed by Caterpillar, Inc..(Palapura, Bindu) |
| Jan 27, 2022 | 82 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Request for Additional Search Terms, Pursuant to Paragraph 5 of the District of Delawares Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI) filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Jan 25, 2022 | 81 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Objections And Responses To Wirtgen America, Inc.'s Second Set Of Requests For Production To Caterpillar (Nos. 101-145) filed by Caterpillar, Inc..(Palapura, Bindu) |
| Jan 21, 2022 | 80 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Disclosure of Search Terms, Pursuant to Paragraph 3(H)(I)(2) of the Scheduling Order filed by Caterpillar, Inc..(Palapura, Bindu) |
| Jan 20, 2022 | 77 | Stipulation (4) Docket Text: STIPULATION to Lift Stay of U.S. Patent No. 7,530,641 by Wirtgen America, Inc.. (Poff, Adam) |
| Jan 20, 2022 | 78 | Order (4) Docket Text: SO ORDERED Granting [77] Joint Stipulation to Lift Stay of U.S. Patent No. 7,530,641. Signed by Judge Richard G. Andrews on 1/20/2022. (nms) |
| Jan 20, 2022 | 79 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Disclosure of Search Terms, Pursuant to Paragraph 5 of the District of Delaware's Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by Wirtgen America, Inc..(Poff, Adam) |
| Jan 14, 2022 | 76 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Initial Disclosures Pursuant To Paragraph 3 Of The Default Standard For Discovery Of Electronically Stored Information filed by Caterpillar, Inc..(Palapura, Bindu) |
| Jan 13, 2022 | 75 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Disclosures, Pursuant to Paragraph 3 of the District of Delawares Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Dec 27, 2021 | 74 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions filed by Caterpillar, Inc..(Palapura, Bindu) |
| Dec 23, 2021 | 73 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.'s Second Set of Requests for Production to Defendant/Counterclaim-Plaintiff Caterpillar Inc. (Nos. 101-145) filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Dec 20, 2021 | 72 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff/Counterclaim Defendant Wirtgen America, Inc.'s Responses and Objections to Defendant/Counterclaim Plaintiff Caterpillar Inc.'s First Set of Requests for Production (Nos. 1-91) filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Dec 13, 2021 | 71 | Order Setting Mediation Conferences (5) Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is set for 12/20/2021 at 10:30 AM before Judge Christopher J. Burke. Plaintiff(s) counsel shall provide dial-in information via email to the Court and the parties by December 15, 2021. Signed by Judge Christopher J. Burke on 12/13/2021. (mlc) |
| Dec 6, 2021 | 70 | Request for Oral Argument (3) Docket Text: REQUEST for Oral Argument by Wirtgen America, Inc. re [56] MOTION to Sever and Transfer Counterclaims for Patent Infringement. (Wilson, Samantha) |
| Dec 3, 2021 | 69 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Initial Claim Charts on Infringement by Defendant Pursuant to Paragraph 4(C) of the Default Standard of Discovery filed by Wirtgen America, Inc..(Wilson, Samantha) |
| Dec 2, 2021 | 68 | Answer to Counterclaim (14) Docket Text: ANSWER to [62] Amended Answer to Complaint, and Counterclaims, by Wirtgen America, Inc..(Poff, Adam) Modified on 12/3/2021 (nms). |
| Nov 29, 2021 | 67 | Reply Brief (16) Docket Text: REPLY BRIEF re [56] MOTION to Sever and Transfer Counterclaims for Patent Infringement filed by Wirtgen America, Inc.. (Wilson, Samantha) |
| Nov 22, 2021 | 66 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Objections and Responses To Wirtgen America, Inc.'s First Set Of Requests For Production to Caterpillar (Nos. 1-100); and Caterpillar Inc.'s First Set Of Requests For Production To Wirtgen America, Inc. (Nos. 1-91) filed by Caterpillar, Inc..(Palapura, Bindu) |
| Nov 18, 2021 | 62 | Amended Answer to Complaint (Main Document) (30) Docket Text: AMENDED ANSWER to [33] Amended Complaint, COUNTERCLAIM against Wirtgen America, Inc. by Caterpillar, Inc.. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu) |
| Nov 18, 2021 | 62 | Amended Answer to Complaint (Exhibit 1-6) (30) Docket Text: AMENDED ANSWER to [33] Amended Complaint, COUNTERCLAIM against Wirtgen America, Inc. by Caterpillar, Inc.. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu) |
| Nov 18, 2021 | 63 | Answering Brief in Opposition (24) Docket Text: ANSWERING BRIEF in Opposition re [56] MOTION to Sever and Transfer Counterclaims for Patent Infringement filed by Caterpillar, Inc..Reply Brief due date per Local Rules is 11/29/2021. (Palapura, Bindu) |
| Nov 18, 2021 | 64 | Declaration (Main Document) (2) Docket Text: DECLARATION of Lucy Yen re [63] Answering Brief in Opposition, by Caterpillar, Inc.. (Attachments: # (1) Exhibits A-D)(Palapura, Bindu) Modified on 11/19/2021 (nms). |
| Nov 18, 2021 | 64 | Declaration (Exhibit A-D) (30) Docket Text: DECLARATION of Lucy Yen re [63] Answering Brief in Opposition, by Caterpillar, Inc.. (Attachments: # (1) Exhibits A-D)(Palapura, Bindu) Modified on 11/19/2021 (nms). |
| Nov 18, 2021 | 65 | Declaration (2) Docket Text: DECLARATION of James C. Yoon re [63] Answering Brief in Opposition, by Caterpillar, Inc.. (Palapura, Bindu) Modified on 11/19/2021 (nms). |
| Nov 17, 2021 | 60 | Proposed Order (21) Docket Text: PROPOSED Stipulated Amended Protective Order, by Wirtgen America, Inc.. (Poff, Adam) Modified on 11/17/2021 (nms). |
| Nov 17, 2021 | 61 | Order (21) Docket Text: SO ORDERED Granting [60] Stipulated Amended Protective Order. Signed by Judge Richard G. Andrews on 11/17/2021. (nms) |
| Nov 11, 2021 | 59 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Core Technical Document Production [Confidential] filed by Caterpillar, Inc..(Palapura, Bindu) |
| Nov 8, 2021 | 58 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Richard J. Uberto, Jr. as co-counsel. Reason for request: no longer associated with Sterne, Kessler, Goldstein & Fox P.L.L.C.. (Poff, Adam) |
| Nov 4, 2021 | 54 | Motion to Dismiss for Failure to State a Claim (Main Document) (2) Docket Text: MOTION to Dismiss Third and Fourth Counterclaims for Failure to State a Claim Upon Which Relief can be Granted - filed by Wirtgen America, Inc.. (Attachments: # (1) Proposed Order)(Poff, Adam) Modified on 11/4/2021 (nms). |
| Nov 4, 2021 | 54 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (2) Docket Text: MOTION to Dismiss Third and Fourth Counterclaims for Failure to State a Claim Upon Which Relief can be Granted - filed by Wirtgen America, Inc.. (Attachments: # (1) Proposed Order)(Poff, Adam) Modified on 11/4/2021 (nms). |
| Nov 4, 2021 | 55 | Opening Brief in Support (Main Document) (22) Docket Text: OPENING BRIEF in Support re [54] MOTION to Dismiss Third and Fourth Counterclaims for Failure to State a Claim, filed by Wirtgen America, Inc..Answering Brief/Response due date per Local Rules is 11/18/2021. (Attachments: # (1) Exhibit A, # (2) Exhibits 1-2)(Poff, Adam) Modified on 11/4/2021 (nms). |
| Nov 4, 2021 | 55 | Opening Brief in Support (Exhibit A) (3) Docket Text: OPENING BRIEF in Support re [54] MOTION to Dismiss Third and Fourth Counterclaims for Failure to State a Claim, filed by Wirtgen America, Inc..Answering Brief/Response due date per Local Rules is 11/18/2021. (Attachments: # (1) Exhibit A, # (2) Exhibits 1-2)(Poff, Adam) Modified on 11/4/2021 (nms). |
| Nov 4, 2021 | 55 | Opening Brief in Support (Exhibits 1-2) (30) Docket Text: OPENING BRIEF in Support re [54] MOTION to Dismiss Third and Fourth Counterclaims for Failure to State a Claim, filed by Wirtgen America, Inc..Answering Brief/Response due date per Local Rules is 11/18/2021. (Attachments: # (1) Exhibit A, # (2) Exhibits 1-2)(Poff, Adam) Modified on 11/4/2021 (nms). |
| Nov 4, 2021 | 56 | Motion to Sever (Main Document) (2) Docket Text: MOTION to Sever and Transfer Counterclaims for Patent Infringement - filed by Wirtgen America, Inc.. (Attachments: # (1) 7.1.1 Certification and Proposed Order)(Poff, Adam) Modified on 11/5/2021 (nms). |
| Nov 4, 2021 | 56 | Motion to Sever (7.1.1 Certification & proposed order) (4) Docket Text: MOTION to Sever and Transfer Counterclaims for Patent Infringement - filed by Wirtgen America, Inc.. (Attachments: # (1) 7.1.1 Certification and Proposed Order)(Poff, Adam) Modified on 11/5/2021 (nms). |
| Nov 4, 2021 | 57 | Opening Brief in Support (Main Document) (26) Docket Text: OPENING BRIEF in Support re [56] MOTION to Sever and Transfer Counterclaims for Patent Infringement, filed by Wirtgen America, Inc..Answering Brief/Response due date per Local Rules is 11/18/2021. (Attachments: # (1) Exhibits A-G)(Poff, Adam) Modified on 11/5/2021 (nms). |
| Nov 4, 2021 | 57 | Opening Brief in Support (Exhibit A through G) (30) Docket Text: OPENING BRIEF in Support re [56] MOTION to Sever and Transfer Counterclaims for Patent Infringement, filed by Wirtgen America, Inc..Answering Brief/Response due date per Local Rules is 11/18/2021. (Attachments: # (1) Exhibits A-G)(Poff, Adam) Modified on 11/5/2021 (nms). |
| Nov 2, 2021 | 53 | Order (22) Docket Text: SO ORDERED Granting [52] Proposed Stipulated Protective Order. Signed by Judge Richard G. Andrews on 11/2/2021. (nms) |
| Nov 1, 2021 | 52 | Proposed Order (22) Docket Text: PROPOSED Stipulated Protective Order, by Wirtgen America, Inc.. (Poff, Adam) Modified on 11/2/2021 (nms). |
| Oct 29, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [50] MOTION for Pro Hac Vice Appearance of Attorney Joseph H. Kim, filed by Wirtgen America, Inc.. Signed by Judge Richard G. Andrews on 10/29/2021. (nms) |
| Oct 29, 2021 | 51 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Caterpillar Inc.'s Identification of Asserted Patents and Accused Products filed by Caterpillar, Inc..(Palapura, Bindu) |
| Oct 28, 2021 | 48 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Wirtgen America, Inc.'s Identification of Accused Products and Asserted Patents filed by Wirtgen America, Inc..(Poff, Adam) |
| Oct 28, 2021 | 49 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Dallen Glenn of Sterne, Kessler, Goldstein & Fox, PLLC as co-counsel.. (Poff, Adam) |
| Oct 28, 2021 | 50 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joseph H. Kim - filed by Wirtgen America, Inc.. (Poff, Adam) |
| Oct 22, 2021 | 47 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Caterpillar Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Caterpillar, Inc..(Palapura, Bindu) |
| Oct 21, 2021 | 46 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Wirtgen America, Inc.'s Initial Disclosures, Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Wirtgen America, Inc..(Poff, Adam) |
| Oct 14, 2021 | 43 | Answer to Amended Complaint (Main Document) (30) Docket Text: ANSWER to [33] Amended Complaint with Jury Demand, and COUNTERCLAIMS against Wirtgen America, Inc., by Caterpillar, Inc.. (Attachments: # (1) Exhibits 1-6)(Palapura, Bindu) Modified on 10/15/2021 (nms). |
| Oct 14, 2021 | 43 | Answer to Amended Complaint (Exhibit 1-6) (30) Docket Text: ANSWER to [33] Amended Complaint with Jury Demand, and COUNTERCLAIMS against Wirtgen America, Inc., by Caterpillar, Inc.. (Attachments: # (1) Exhibits 1-6)(Palapura, Bindu) Modified on 10/15/2021 (nms). |
| Oct 14, 2021 | 44 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,523,995 ;9,975,538 ;9,371,618 . (Palapura, Bindu) |
| Oct 14, 2021 | 45 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Caterpillar, Inc.. (Palapura, Bindu) |
| Sep 20, 2021 | 42 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Wirtgen America, Inc.'s First Set of Requests for Production to Caterpillar (Nos. 1-100) filed by Wirtgen America, Inc..(Poff, Adam) |
| Sep 8, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys John F. Triggs, Dominic A. Rota, William E. Sekyi, Seth R. Ogden, Scott M. Douglass, Ryan D. Levy, Mark A. Kilgore for Wirtgen America, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Sep 8, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Deirdre M. Wells for Wirtgen America, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) |
| Sep 7, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Paul A. Ainsworth, Davin B. Guinn, R. Wilson Powers III, and Kyle E. Conklin for Wirtgen America, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Sep 7, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Dallin Glenn, Daniel E. Yonan, and Richard J. Uberto, Jr. for Wirtgen America, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Sep 2, 2021 | 33 | Amended Complaint* (1) |
| Sep 2, 2021 | 33 | Amended Complaint (Main Document) (30) Docket Text: AMENDED COMPLAINT against Caterpillar, Inc.- filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibits 27-30))(Poff, Adam) Modified on 9/2/2021 (nms). |
| Sep 2, 2021 | 33 | Amended Complaint (Exhibit - Volume 1 (Exhibits 27-30)) (30) Docket Text: AMENDED COMPLAINT against Caterpillar, Inc.- filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibits 27-30))(Poff, Adam) Modified on 9/2/2021 (nms). |
| Sep 2, 2021 | 34 | Exhibit to a Document (30) Docket Text: EXHIBITS, Volume II to [33] Amended Complaint, by Wirtgen America, Inc.. (Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 35 | Exhibit to a Document (30) Docket Text: EXHIBITS, Volume III to [33] Amended Complaint, by Wirtgen America, Inc.. (Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 36 | Exhibit to a Document (30) Docket Text: EXHIBITS, Volume IV to [33] Amended Complaint, by Wirtgen America, Inc.. (Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 37 | Exhibit to a Document (30) Docket Text: EXHIBITS, Volume V to [33] Amended Complaint, by Wirtgen America, Inc.. (Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 38 | Exhibit to a Document (30) Docket Text: EXHIBITS, Volume VI to [33] Amended Complaint, by Wirtgen America, Inc.. (Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 39 | Exhibit to a Document (30) Docket Text: EXHIBITS, Volume VII to [33] Amended Complaint, by Wirtgen America, Inc.. (Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 40 | Exhibit to a Document (Main Document) (30) Docket Text: EXHIBITS, Volume VIII to [33] Amended Complaint, filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibits 33-39, # (2) Exhibits 40-44)(Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 40 | Exhibit to a Document (Exhibit 33-39) (30) Docket Text: EXHIBITS, Volume VIII to [33] Amended Complaint, filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibits 33-39, # (2) Exhibits 40-44)(Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 40 | Exhibit to a Document (Exhibit 40-44) (30) Docket Text: EXHIBITS, Volume VIII to [33] Amended Complaint, filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibits 33-39, # (2) Exhibits 40-44)(Poff, Adam) Modified on 9/3/2021 (nms). |
| Sep 2, 2021 | 41 | Patent/Trademark Report to Commissioner (3) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) RE48,268 E ;8,424,972 B2 ;9,879,390 B2 ;9,879,391 B2. (Poff, Adam) Modified on 9/2/2021 (nms). |
| Aug 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [31] MOTION for Pro Hac Vice Appearance of Attorney Ryan D. Levy, Seth R. Ogden, William E. Sekyi, Scott M. Douglass, Dominic A. Rota, Mark A. Kilgore, and John F. Triggs, filed by Wirtgen America, Inc.. Signed by Judge Richard G. Andrews on 8/13/2021. (nms) |
| Aug 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [32] MOTION for Pro Hac Vice Appearance of Attorney Daniel E. Yonan, Paul A. Ainsworth, R. Wilson Powers III, Kyle E. Conklin, Dallin Glenn, Deirdre M. Wells, Richard J. Uberto Jr., and Davin B. Guinn, filed by Wirtgen America, Inc.. Signed by Judge Richard G. Andrews on 8/13/2021. (nms) |
| Aug 13, 2021 | 31 | Motion for Leave to Appear Pro Hac Vice (11) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ryan D. Levy, Seth R. Ogden, William E. Sekyi, Scott M. Douglass, Dominic A. Rota, Mark A. Kilgore, and John F. Triggs - filed by Wirtgen America, Inc.. (Poff, Adam) |
| Aug 13, 2021 | 32 | Motion for Leave to Appear Pro Hac Vice (12) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Daniel E. Yonan, Paul A. Ainsworth, R. Wilson Powers III, Kyle E. Conklin, Dallin Glenn, Deirdre M. Wells, Richard J. Uberto Jr., and Davin B. Guinn - filed by Wirtgen America, Inc.. (Poff, Adam) |
| Aug 5, 2021 | 30 | Order (3) Docket Text: ORDER re [28] Scheduling Order, Case Referred to Magistrate Judge: paragraph 3.g. of the Scheduling Order at D.I. 28 is replaced and modified consistent with the attached ORDER. Signed by Judge Mary Pat Thynge on 8/5/2021. (Taylor, Daniel) |
| Jul 23, 2021 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
| Jul 23, 2021 | N/A | Case Referred to Magistrate Judge (0) Docket Text: CASE REFERRED to Magistrate Judge Mary Pat Thynge to handle all discovery disputes including any that arise in connection with expert reports. (nms) |
| Jul 23, 2021 | 28 | Scheduling Order (13) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. The case will be referred to a Magistrate Judge to handle all discovery disputes. Joinder of Parties due by 8/11/2022. Amended Pleadings due by 8/11/2022. Fact Discovery completed by 2/9/2023. Dispositive Motions due by 9/14/2023. Answering Brief due 10/5/2023. Reply Brief due 10/19/2023. Joint Claim Construction Brief due by 11/17/2022. A Markman Hearing is set for 1/3/2023, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 2/2/2024, at 8:30 AM in Courtroom 6A. A 5 day Jury Trial is set to start 2/12/2024, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 7/23/2021. (nms) |
| Jul 23, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 7/23/2021. (dlb) |
| Jul 22, 2021 | 27 | Proposed Order (Main Document) (13) Docket Text: PROPOSED Scheduling Order, by Wirtgen America, Inc.. (Attachments: # (1) Letter)(Poff, Adam) Modified on 7/22/2021 (nms). |
| Jul 22, 2021 | 27 | Proposed Order (Transmittal Letter to Judge Andrews of Proposed Scheduling Order) (1) Docket Text: PROPOSED Scheduling Order, by Wirtgen America, Inc.. (Attachments: # (1) Letter)(Poff, Adam) Modified on 7/22/2021 (nms). |
| Jun 22, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Lucy Yen for Caterpillar, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Jun 22, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys James C. Yoon and Ryan R. Smith for Caterpillar, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Jun 21, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [26] MOTION for Pro Hac Vice Appearance of Attorney James C. Yoon, Ryan R. Smith, and Lucy Yen of Wison Sonsini Goodrich & Rosati, filed by Caterpillar, Inc.. Signed by Judge Richard G. Andrews on 6/21/2021. (nms) |
| Jun 21, 2021 | 26 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney James C. Yoon, Ryan R. Smith, and Lucy Yen of Wison Sonsini Goodrich & Rosati - filed by Caterpillar, Inc.. (Palapura, Bindu) |
| May 27, 2021 | 25 | Order (3) Docket Text: ORDER: The stay is lifted with respect to claims related to all the patents in suit, excluding U.S. Patent No. 7,530,641 (see Order for further details). Signed by Judge Richard G. Andrews on 5/27/2021. (lak) Modified on 5/28/2021 (nms). |
| May 14, 2021 | 24 | Letter (4) Docket Text: Letter to The Honorable Richard G. Andrews from Adam W. Poff regarding status of case. (Poff, Adam) |
| May 3, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [23] STIPULATION and Proposed Order for Extension to file a joint status letter to May 14, 2021. Signed by Judge Richard G. Andrews on 5/3/2021. (nms) |
| Apr 30, 2021 | 23 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION and Proposed Order for Extension - filed by Wirtgen America, Inc.. (Poff, Adam) Modified on 5/3/2021 (nms). |
| Apr 29, 2021 | 21 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Bindu Ann George Palapura on behalf of Caterpillar, Inc. (Palapura, Bindu) |
| Apr 29, 2021 | 22 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of David J. Baldwin by Caterpillar, Inc. (Palapura, Bindu) |
| Mar 31, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The request to maintain the stay and submit a further status report (D.I. [19]) is GRANTED. Ordered by Judge Richard G. Andrews on 3/31/2021. (nms) |
| Mar 30, 2021 | 19 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Richard G. Andrews from Adam W. Poff regarding status of case - re [18] Letter. (Attachments: # (1) USCA Opinion)(Poff, Adam) |
| Mar 30, 2021 | 19 | Letter (USCA Opinion) (17) Docket Text: Letter to The Honorable Richard G. Andrews from Adam W. Poff regarding status of case - re [18] Letter. (Attachments: # (1) USCA Opinion)(Poff, Adam) |
| Dec 28, 2020 | 18 | Letter (2) Docket Text: Joint Letter to The Honorable Richard G. Andrews, from Adam W. Poff, regarding status of case. (Poff, Adam) Modified on 12/28/2020 (nms). |
| Dec 23, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The letter filed at D.I. 18 has been removed from the docket per counsel's request. An amended letter will be refiled. (nms) |
| Dec 21, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The parties shall file a status letter within 7 days of the date of this Order. Ordered by Judge Richard G. Andrews on 12/21/2020. (nms) |
| Aug 13, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The request to continue the stay (D.I. [15]) is GRANTED. Ordered by Judge Richard G. Andrews on 8/13/2019. (nms) |
| Aug 12, 2019 | 14 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Adam Wyatt Poff on behalf of Wirtgen America, Inc. (Poff, Adam) |
| Aug 12, 2019 | 15 | Letter (1) Docket Text: Letter to The Honorable Richard G. Andrews from Adam W. Poff regarding status report. (Poff, Adam) |
| Aug 7, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The request for an extension of time to submit a joint status report (D.I. [12]) is GRANTED. Ordered by Judge Richard G. Andrews on 8/7/2019. (nms) |
| Aug 5, 2019 | 12 | Letter (1) Docket Text: Letter to the Honorable Richard G. Andrews, from David J. Baldwin, Esq., regarding response to the Court's August 1, 2019 Order. (Baldwin, David) Modified on 8/6/2019 (nms). |
| Aug 1, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A joint status letter is due no later than 3 days from the date of this Order. Ordered by Judge Richard G. Andrews on 8/1/2019. (nms) |
| Aug 29, 2017 | 9 | Order (1) Docket Text: ORDER Granting [7] Joint MOTION to Stay Pending Resolution of ITC Proceedings. Signed by Judge Richard G. Andrews on 8/29/2017. (nms) |
| Aug 29, 2017 | 10 | Order Administratively Closing Case (1) Docket Text: ORDER Administratively Closing Case. Signed by Judge Richard G. Andrews on 8/29/2017. (nms) |
| Aug 28, 2017 | 7 | Motion to Stay (Main Document) (2) Docket Text: Joint MOTION to Stay Pending Resolution of ITC Proceedings - filed by Caterpillar, Inc.. (Attachments: # (1) 7.1.1 Statement, # (2) Proposed Order)(Baldwin, David) Modified on 8/29/2017 (nms). |
| Aug 28, 2017 | 7 | Motion to Stay (Certificate of Compliance) (1) Docket Text: Joint MOTION to Stay Pending Resolution of ITC Proceedings - filed by Caterpillar, Inc.. (Attachments: # (1) 7.1.1 Statement, # (2) Proposed Order)(Baldwin, David) Modified on 8/29/2017 (nms). |
| Aug 28, 2017 | 7 | Motion to Stay (Proposed Order) (1) Docket Text: Joint MOTION to Stay Pending Resolution of ITC Proceedings - filed by Caterpillar, Inc.. (Attachments: # (1) 7.1.1 Statement, # (2) Proposed Order)(Baldwin, David) Modified on 8/29/2017 (nms). |
| Aug 28, 2017 | 8 | Opening Brief in Support (Main Document) (14) Docket Text: OPENING BRIEF in Support re [7] Joint MOTION to Stay Pending Resolution of ITC Proceedings, filed by Caterpillar, Inc..Answering Brief/Response due date per Local Rules is 9/11/2017. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Baldwin, David) Modified on 8/29/2017 (nms). |
| Aug 28, 2017 | 8 | Opening Brief in Support (Exhibit A) (30) Docket Text: OPENING BRIEF in Support re [7] Joint MOTION to Stay Pending Resolution of ITC Proceedings, filed by Caterpillar, Inc..Answering Brief/Response due date per Local Rules is 9/11/2017. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Baldwin, David) Modified on 8/29/2017 (nms). |
| Aug 28, 2017 | 8 | Opening Brief in Support (Exhibit B) (30) Docket Text: OPENING BRIEF in Support re [7] Joint MOTION to Stay Pending Resolution of ITC Proceedings, filed by Caterpillar, Inc..Answering Brief/Response due date per Local Rules is 9/11/2017. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Baldwin, David) Modified on 8/29/2017 (nms). |
| Aug 28, 2017 | 8 | Opening Brief in Support (Exhibit C) (21) Docket Text: OPENING BRIEF in Support re [7] Joint MOTION to Stay Pending Resolution of ITC Proceedings, filed by Caterpillar, Inc..Answering Brief/Response due date per Local Rules is 9/11/2017. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Baldwin, David) Modified on 8/29/2017 (nms). |
| Aug 25, 2017 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [6] STIPULATION TO EXTEND TIME 90 Days to respond to the Complaint to November 24, 2017 (*Reset Answer Deadlines: Caterpillar, Inc. answer due 11/24/2017). Signed by Judge Richard G. Andrews on 8/25/2017. (nms) |
| Aug 24, 2017 | 6 | Stipulation to EXTEND Time (23) Docket Text: STIPULATION TO EXTEND TIME 90 Days to Respond to Initial Complaint to November 24, 2017 - filed by Caterpillar, Inc.. (Baldwin, David) Modified on 8/24/2017 (nms). |
| Aug 4, 2017 | 5 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Wirtgen America, Inc.. Caterpillar, Inc. served on 8/4/2017, answer due 8/25/2017. (Noreika, Maryellen) |
| Jun 21, 2017 | 1 | Main Document (95) |
| Jun 21, 2017 | 1 | Exhibit 1-20 (262) |
| Jun 21, 2017 | 2 | Exhibit 21 Part 1 (240) |
| Jun 21, 2017 | 3 | Exhibit 21 Part 2 (240) |
| Jun 21, 2017 | 4 | Exhibit 21 Part 3 (250) |
| Jun 21, 2017 | 5 | Exhibit 21 Part 4 (65) |
| Jun 21, 2017 | 6 | Exhibit 22-26 (897) |
| Jun 21, 2017 | 7 | Civil Cover Sheet (1) |
| Jun 21, 2017 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Jun 16, 2017 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Wirtgen, Inc., Corporate Parent Wirtgen Group Holding GmbH for Wirtgen America, Inc. filed by Wirtgen America, Inc.. (nmg) |
| Jun 16, 2017 | 1 | Complaint* (1) |
| Jun 16, 2017 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Caterpillar, Inc. on 6/16/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg) |
| Jun 16, 2017 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 1 | Complaint (Exhibit 1-20) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 1 | Complaint (Exhibit 21 Part 1) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 1 | Complaint (Exhibit 21 Part 2) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 1 | Complaint (Exhibit 21 Part 3) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 1 | Complaint (Exhibit 21 Part 4) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 1 | Complaint (Exhibit 22-26) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Caterpillar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2164263.) - filed by Wirtgen America, Inc.. (Attachments: # (1) Exhibit 1-20, # (2) Exhibit 21 Part 1, # (3) Exhibit 21 Part 2, # (4) Exhibit 21 Part 3, # (5) Exhibit 21 Part 4, # (6) Exhibit 22-26, # (7) Civil Cover Sheet)(nmg) |
| Jun 16, 2017 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Jun 16, 2017 | 3 | Patent/Trademark Report to Commissioner (2) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,828,309 B2; 8,118,316 B2; 7,530,641 B2; 8,113,592 B2; 9,010,871 B2. (nmg) |
