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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DEFENDANT/COUNTERCLAIM-PLAINTIFF CATERPILLAR INC.’S MOTION TO
`EXCLUDE DISCOVERY FROM WIRTGEN GmbH WITNESSES
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`Pursuant to Rule 37 of the Federal Rules of Civil Procedure, Defendant/Counterclaim-
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`Plaintiff Caterpillar Inc. (“Caterpillar”) hereby moves this Court for an order, in the form attached
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`hereto, striking Günter Hähn and Christian Berning from Plaintiff/Counterclaim-Defendant
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`Wirtgen America’s (“Wirtgen America”) Initial Disclosures Pursuant to Federal Rule of Civil
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`Procedure 26(a)(1) and barring Wirtgen America from soliciting, producing, or relying on any
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`evidence from the inventors of the patents Wirtgen America asserts in this Action. The grounds
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`for this Motion are set forth fully in Caterpillar’s Opening Brief in Support of Its Motion to Exclude
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`Discovery from Wirtgen GmbH Witnesses, filed concurrently herewith.
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`C.A. No. 17-770-JDW-MPT
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`JURY TRIAL DEMANDED
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`)))))))))
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`WIRTGEN AMERICA, INC.,
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`CATERPILLAR INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`
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`Case 1:17-cv-00770-JDW-MPT Document 188 Filed 04/14/23 Page 2 of 2 PageID #: 15539
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`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Bindu A. Palapura
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`
`Attorneys for Defendant Caterpillar Inc.
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`OF COUNSEL:
`
`James C. Yoon
`Christopher D. Mays
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`
`Ryan R. Smith
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Telephone: (206) 883-2500
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Telephone: (212) 999-5800
`
`Dated: April 14, 2023
`10756190 / 11898.00005
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`
`
`2
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