`
`WILMINGTON
`RODNEY SQUARE
`
`NEW YORK
`ROCKEFELLER CENTER
`
`Adam W. Poff
`P 302.571.6642
`apoff@ycst.com
`
`
`
`VIA EMAIL
`
`February 8, 2023
`
`
`
`The Honorable Joshua D. Wolson
`United States District Court
`for the Eastern District of Pennsylvania
`James A. Byrne United States Courthouse
`601 Market Street, Room 3809
`Philadelphia, PA 19106
`
`
`
`
`Re: Wirtgen America, Inc. v. Caterpillar Inc.
`Case No. 17-770-JDW
`
`Dear Judge Wolson:
`
`Pursuant to Your Honor’s January 26, 2023 Order, this letter jointly sets forth the status
`of certain discovery issues raised with the Court at the January 25, 2023 Markman hearing.
`
`First, on February 7, 2023, Caterpillar Trimble Control Technologies LLC (“CTCT”)
`provided a letter listing the documents which were already produced by Caterpillar and are
`responsive to the subpoena served on CTCT. However, the parties have not yet reached a
`resolution on the issue of CTCT documents previously produced in the ITC Investigation bearing
`a CTCT production number. Wirtgen continues to request that CTCT reproduce this specific
`category of documents or otherwise expressly authorize their use, subject to the Court’s
`protective order, in this matter. CTCT has not yet agreed to this request, but is investigating the
`production ranges Wirtgen America identified on February 8 and expects to be able to provide its
`agreement before Friday’s status conference with the Court.
`
`Second, the parties have agreed to reduce the number of asserted claims to eight claims
`per patent. The parties will identify the reduced set of claims for their respective asserted patents
`by March 2. The parties will work toward narrowing the number of asserted claims further after
`the Court issues its order on claim construction.
`
`Should Your Honor have any questions regarding the foregoing, counsel are available at
`the Court’s convenience.
`
`Young Conaway Stargatt & Taylor, LLP
`Rodney Square | 1000 North King Street | Wilmington, DE 19801
`P 302.571.6600 F 302.571.1253 YoungConaway.com
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 149 Filed 02/08/23 Page 2 of 2 PageID #: 15101
`
`Young Conaway Stargatt & Taylor, LLP
`The Honorable Joshua D. Wolson
`February 8, 2023
`Page 2
`
`
`
`cc: All Counsel of Record (via Email)
`
`
`Respectfully,
`
`/s/ Adam W. Poff
`
`Adam W. Poff (No. 3990)
`
`
`
`
`
`Young Conaway Stargatt & Taylor, LLP
`Rodney Square | 1000 North King Street | Wilmington, DE 19801
`P 302.571.6600 F 302.571.1253 YoungConaway.com
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
