`
`WILMINGTON
`RODNEY SQUARE
`
`NEW YORK
`ROCKEFELLER CENTER
`
`Adam W. Poff
`P 302.571.6642
`F 302.576.3326
`apoff@ycst.com
`
`December 28, 2020
`
`
`
`
`
`The Honorable Richard G. Andrews
`United States District Court
`for the District of Delaware
`844 N. King Street
`Wilmington, DE 19801-3555
`
`
`
`
`Re:
`
`Case No. 17-770-RGA: Wirtgen America, Inc. v. Caterpillar, Inc.
`
`Dear Judge Andrews:
`
`Pursuant to Your Honor’s December 21, 2020 Oral Order, this letter jointly sets forth the
`status of the above referenced action.
`
`
`Plaintiff Wirtgen asserted five patents against Caterpillar in U.S. International Trade
`Commission Investigation No. 337-TA-1067, all of which are at issue in the Delaware action:
`U.S. Patent Nos. 7,530,641; 7,828,309; 9,624,628; 9,644,340; 9,656,530. Wirtgen withdrew
`the ’628 patent from the Investigation before trial, and the ALJ found no violation for the ’641
`and ’340 patents. Wirtgen has appealed these findings of no violation to the Federal Circuit
`(Appeal No. 19-1911), and Defendant Caterpillar has intervened. Regarding the ’309 and ’530
`patents, the Commission issued a final determination on April 17, 2019, finding a violation
`for both patents, which resulted in two Cease and Desist Orders and a Limited Exclusion Order
`issuing on July 18, 2019. Caterpillar has appealed these findings to the Federal Circuit
`(Appeal No. 19-2445), and this appeal has been consolidated with Wirtgen’s appeal in the
`form of an appeal and cross-appeal. Briefing in these consolidated appeals is completed, and
`the Federal Circuit recently scheduled oral arguments for February 2021.
`
`
`Accordingly, counsel for both parties respectfully request that this case remain stayed.
`The parties will provide another supplemental status update in 90 days. Should Your Honor have
`any questions regarding the foregoing, counsel for all parties 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-RGA Document 18 Filed 12/28/20 Page 2 of 2 PageID #: 2278
`
`Young Conaway Stargatt & Taylor, LLP
`The Honorable Richard G. Andrews
`December 28, 2020
`Page 2
`
`
`AWP
`cc: All Counsel of Record via e-mail
`
`
`
`
`27527492.1
`
`Respectfully submitted,
`
`/s/ Adam W. Poff
`
`Adam W. Poff (No. 3990)
`
`
`
`
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