Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 1 of 17 PageID #:
`15602
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`EXHIBIT F
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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 2 of 17 PageID #:
`15603
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.
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`Plaintiff,
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`v.
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`CATERPILLAR INC.
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`Defendant.
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`PLAINTIFF WIRTGEN AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES,
`PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)
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`Plaintiff Wirtgen America, Inc. (“Plaintiff” or “Wirtgen America”), by its undersigned
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`counsel, hereby submits the following initial disclosures (“Initial Disclosures”) to Defendant
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`Caterpillar Inc. (“Defendant”), pursuant to Federal Rule of Civil Procedure (each, a “Rule”)
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`26(a)(1), and in accordance with this Court’s Scheduling Order. See D.I. 28.
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`These Initial Disclosures are based on information now reasonably available to Wirtgen
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`America and represent Wirtgen America’s good-faith effort to identify information that it
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`reasonably believes to be required pursuant to Rule 26(a)(1) and this Court’s Scheduling Order.
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`See D.I. 28. Wirtgen America’s investigation is ongoing, and Wirtgen America expressly reserves
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`the right to modify, amend, supplement, and/or correct the information provided in these Initial
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`Disclosures as information becomes reasonably available. By making these Initial Disclosures,
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`Wirtgen America does not represent or warrant that it is identifying every document, item of
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`electronically stored information, tangible thing, or witness it may use to support its claims and
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`defenses in this civil action.
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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 3 of 17 PageID #:
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`Wirtgen America also expressly reserves the right to rely upon additional information as it
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`becomes reasonably available through discovery or otherwise, pursuant to Rule 26(e). In addition,
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`Wirtgen America expressly reserves the right to call any witness or present any document, item of
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`electronically stored information, or tangible thing during discovery, any pre-trial proceeding, or
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`at trial that is identified through further investigation or discovery that may have information
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`relevant to the claims and defenses asserted in this civil action.
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`These Initial Disclosures are not intended, nor should they be construed, as a waiver of:
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`(i) any objection to or protection from the production, use, or admission into evidence of any
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`document, information, or thing that Wirtgen America may be legally entitled to assert during
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`discovery, any pre-trial proceedings, or any trial in this civil action; (ii) any objection to any other
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`discovery involving or relating to the subject matter of these Initial Disclosures; (iii) the attorney-
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`client privilege, the attorney work-product doctrine, or any other applicable privilege or immunity;
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`or (iv) the right to designate as confidential any and all information and materials worthy of such
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`designation in accordance with the Protective Order upon entry. Any inadvertent or unintentional
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`disclosure of discovery subject to confidentiality protection under the Protective Order upon entry,
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`or any inadvertent or unintentional disclosure of discovery subject to the attorney-client privilege,
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`the attorney work-product doctrine, or any other applicable privilege or immunity, shall not
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`constitute a waiver of any such protection or privilege.
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` All the disclosures set forth below are made subject to the above objections and
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`qualifications.
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`1.
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`Individuals Likely to Have Discoverable Information Along with Subjects of that
`Information
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` Pursuant to Rule 26(a)(1)(A)(i), and based on Wirtgen America’s investigation to date,
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`Wirtgen America believes that one or more of the individuals identified below are likely to have
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`2
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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 4 of 17 PageID #:
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`discoverable information that Wirtgen America may use to support its claims or defenses, other
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`than individuals used solely for impeachment. Wirtgen America expressly reserves the right to
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`identify and to call additional individuals as witnesses if, during the course of discovery and
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`investigation relating to this case, Wirtgen America reasonably learns that such additional
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`persons have relevant knowledge to this civil action. Subject to the foregoing, Wirtgen America
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`identifies the following individuals who are likely to have discoverable information that Wirtgen
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`America may use to support its claims or defenses:
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`Individual (Name) Address and Telephone No.1
`
`Jim McEvoy
`* Contact through
`counsel
`
`6030 Dana Way
`Antioch, TN 37013 U.S.A.
`(615) 501-0600
`
`Brad McKinney
`* Contact through
`counsel
`
`6030 Dana Way
`Antioch, TN 37013 U.S.A.
`(615) 501-0600
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`Jeff Wiley
`* Contact through
`counsel
`
`6030 Dana Way
`Antioch, TN 37013 U.S.A.
`(615) 501-0600
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`Connection to Case and Subject
`Matter of Discoverable Information
`President and Chief Executive Officer
`(CEO) for Wirtgen America, Inc., with
`knowledge of Wirtgen America’s (i)
`acquisition of the patents-in-suit and
`(ii) business activities.
`Chief Financial Officer (CFO) for
`Wirtgen America, Inc., with
`knowledge of Wirtgen America’s
`revenues and profits arising from the
`sale of technologies incorporating the
`patents-in-suit.
`Senior Vice President (SVP) of Sales
`for Wirtgen America, Inc., with
`knowledge of Wirtgen America’s sale
`of technologies incorporating the
`patents-in-suit, and the operations
`associated therewith.
`
`
`1 The address and telephone numbers provided are those last known to Wirtgen America. For
`individuals located with corporate entities, the corporate headquarters (or other corporate offices)
`have been provided in circumstances where the particular business address of the individual is
`presently unknown.
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`3
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`Individual (Name) Address and Telephone No.1
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`Brodie Hutchins
`* Contact through
`counsel
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`6030 Dana Way
`Antioch, TN 37013 U.S.A.
`(615) 501-0600
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`Sandy Draper
`* Contact through
`counsel
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`6030 Dana Way
`Antioch, TN 37013 U.S.A.
`(615) 501-0600
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`Jan Schmidt
`* Contact through
`counsel
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`6030 Dana Way
`Antioch, TN 37013 U.S.A.
`(615) 501-0600
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`John Phillips
`* Contact through
`counsel
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`13021 Jasmine Lane,
`Oklahoma City, OK 73142
`(405) 823-4614
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`Eric S. Engelmann 510 Lake Cook Rd. Suite 100
`Deerfield, IL 60015 U.S.A.
`
`Connection to Case and Subject
`Matter of Discoverable Information
`Vice President (VP) of Distribution
`Development for Wirtgen America,
`Inc., with knowledge of Wirtgen
`America’s distribution network for
`technologies incorporating the patents-
`in-suit.
`Director of Inside Sales Operations for
`Wirtgen America, Inc., with
`knowledge of Wirtgen America’s sales
`department and the operations
`associated therewith.
`Vice President (VP) of Product
`Support for Wirtgen America, Inc.,
`with knowledge of Wirtgen America’s
`services directed to customer- and
`product-related support.
`Former employee of third-party CMI
`Corp. (“CMI”) with knowledge of
`CMI’s marketing, advertising,
`promotion, offers for sale, sales, and/or
`design and operation of CMI’s road
`construction machines, especially road-
`milling machines and slip form pavers.
`Engineering Supervisor for Caterpillar
`Inc. and named inventor on patents
`and patent applications directed to
`road-construction machines (and
`components therein), assigned to
`Caterpillar Inc., Caterpillar Paving
`Products Inc., or Caterpillar Trimble
`Control Technologies LLC, including
`U.S. Patent No. 9,371,618 (the “’618
`Patent”), with knowledge of
`Caterpillar’s development of road-
`construction machines.
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`4
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`Individual (Name) Address and Telephone No.1
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`Nathan Just
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`510 Lake Cook Rd.
`Suite 100
`Deerfield, IL 60015 U.S.A.
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`Conwell K. Rife,
`Jr.
`
`Currently Unknown
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`Dario Sansone
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`510 Lake Cook Rd.
`Suite 100
`Deerfield, IL 60015 U.S.A.
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`Paul Clark
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`Currently Unknown
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`Connection to Case and Subject
`Matter of Discoverable Information
`Marketing Manager for Caterpillar
`Inc. with knowledge of Caterpillar
`Inc.’s marketing practices as it relates
`to product development, customer
`interfacing, and other advertising,
`marketing, and promotional practices
`related to road-construction machines.
`Named inventor on patents and patent
`applications directed to road-
`construction machines (and
`components therein), assigned to
`Caterpillar Trimble Control
`Technologies LLC or Caterpillar
`Paving Products Inc., with knowledge
`of Caterpillar’s infringement of
`Wirtgen America’s patents-in-suit.
`Engineering Manager for Caterpillar
`Inc. and named inventor on patents
`and patent applications directed to
`road-construction machines (and
`components therein), assigned to
`Caterpillar Paving Products Inc.,
`including U.S. Patent No. 7,523,995
`(the “’995 Patent”), with knowledge of
`Caterpillar’s infringement of Wirtgen
`America’s patents-in-suit.
`Former General Manager of Global
`Paving for Caterpillar Inc. with
`knowledge of Caterpillar’s profits and
`losses as it relates to road construction
`machines in Caterpillar’s asphalt
`product lines.
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`5
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`Individual (Name) Address and Telephone No.1
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`Nathan Mashek
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`510 Lake Cook Rd.
`Suite 100
`Deerfield, IL 60015 U.S.A.
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`Mark Tarvin
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`935 Stewart Dr.
`Sunnyvale, CA 94085
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`James A. Aardema Currently Unknown
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`Daniel H. Killion
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`Currently Unknown
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`Craig Steffen
`
`Currently Unknown
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`Connection to Case and Subject
`Matter of Discoverable Information
`Engineering Manager for Caterpillar
`Inc. and named inventor on patents
`and patent applications directed to
`road-construction machines (and
`components therein), assigned to
`Caterpillar Inc. or Caterpillar Paving
`Products Inc., with knowledge of
`Caterpillar’s development of road-
`construction machines.
`Senior Engineering Project Team
`Leader for Caterpillar Trimble Control
`Technologies LLC and named
`inventor on patents and patent
`applications directed to road-
`construction machines (and
`components therein), assigned to
`Caterpillar Paving Products Inc. or
`Caterpillar Trimble Control
`Technologies LLC, with knowledge of
`Caterpillar’s development of road
`construction machines.
`Named inventor with knowledge of
`U.S. Patent No. 9,975,538, as well as
`Caterpillar’s technologies
`incorporating the foregoing.
`Named inventor with knowledge of
`the ’618 Patent, as well as
`Caterpillar’s technologies
`incorporating the foregoing.
`Named inventor on patents and patent
`applications directed to road-
`construction machines (and
`components therein), assigned to
`Caterpillar Paving Products Inc., with
`knowledge of Caterpillar’s
`infringement of Wirtgen America’s
`patents-in-suit.
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`6
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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 8 of 17 PageID #:
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`Individual (Name) Address and Telephone No.1
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`Ben Schafer
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`Currently Unknown
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`Jason Muir
`
`Currently Unknown
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`Corey Hanback
`
`Currently Unknown
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`David Falcione
`
`Currently Unknown
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`Jason Wilson
`
`Currently Unknown
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`Connection to Case and Subject
`Matter of Discoverable Information
`Senior Engineer for Caterpillar Inc.
`and named inventor on patents and
`patent applications directed to road-
`construction machines (and
`components therein), assigned to
`Caterpillar Paving Products Inc., with
`knowledge of Caterpillar’s
`infringement of Wirtgen America’s
`patents-in-suit.
`Lead Project Engineer for Caterpillar
`Inc. and named inventor on patents
`and patent applications directed to
`road-construction machines (and
`components therein), assigned to
`Caterpillar Paving Products Inc., with
`knowledge of Caterpillar’s
`infringement of Wirtgen America’s
`patents-in-suit.
`Regional Sales Manager at Caterpillar
`Inc. with knowledge of Caterpillar’s
`marketing, advertising, promotion,
`offers for sale, and/or sales of
`Caterpillar’s road construction
`machines, especially road-milling
`machines and reclaimers.
`Engineer for Caterpillar Inc. with
`knowledge of Caterpillar’s
`infringement of Wirtgen America’s
`patents-in-suit.
`Logistics Planning Analyst at
`Caterpillar with knowledge of
`Caterpillar’s marketing, advertising,
`promotion, offers for sale, and/or sales
`of Caterpillar’s road construction
`machines, especially road-milling
`machines and reclaimers.
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`7
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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 9 of 17 PageID #:
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`Connection to Case and Subject
`Matter of Discoverable Information
`Named inventor with knowledge of
`the U.S. Patent Nos. 7,946,788;
`8,511,932; 8,690,474; as well as
`Wirtgen America’s technologies
`incorporating the foregoing.
`Named inventor with knowledge of
`the U.S. Patent Nos. 7,530,641;
`7,828,309; 8,118,316; 8,424,972;
`9,879,390; 9,879,391; as well as
`Wirtgen America’s technologies
`incorporating the foregoing.
`Supervisor at Caterpillar Logistics
`Services, Inc. with knowledge of
`Roadtec’s RX-500 machine, including
`its design, operation, and sales dates.
`Worldwide Product Support Manager
`at Caterpillar with knowledge of
`Caterpillar’s road construction
`machines, especially road-milling
`machines and reclaimers, and
`Caterpillar’s service letter process.
`Mechanic at Caterpillar with
`knowledge of Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
`Employee at Caterpillar Trimble
`Control Technologies LLC with
`knowledge of Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
`Third-party with knowledge of the
`sales, renting, leasing, or other
`services regarding Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
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`Individual (Name) Address and Telephone No.1
`
`Dr. Günter Hähn
`* Contact through
`counsel
`
`Reinhard-Wirtgen-Str. 2
`53578 Windhagen
`
`Christian Berning
`* Contact through
`counsel
`
`Reinhard-Wirtgen-Str. 2
`53578 Windhagen
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`Tim Lewis
`
`641 Lee Drive
`Ringgold, GA 30736
`
`Jeff Hoyle
`
`Unknown
`
`Mark Anderson
`
`Unknown
`
`Erik Virva
`
`Unknown
`
`Southworth-Milton,
`Inc. d/b/a Milton
`CAT
`
`Contact through counsel
`Brian A. Suslak
`650 Elm Street, Suite 201
`Manchester, NH 03101
`(603) 518-1986
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`8
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`Connection to Case and Subject
`Matter of Discoverable Information
`Third-party with knowledge of the
`sales, renting, leasing, or other
`services regarding Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
`
`Third-party with knowledge of the
`sales, renting, leasing, or other
`services regarding Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
`
`Third-party with knowledge of the
`sales, renting, leasing, or other
`services regarding Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
`
`Third-party with knowledge of the
`sales, renting, leasing, or other
`services regarding Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
`Third-party with knowledge of prior
`art products.
`
`Third-party with knowledge of the
`sales, renting, leasing, or other
`services regarding Caterpillar’s road
`construction machines, especially
`road-milling machines and reclaimers.
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`Individual (Name) Address and Telephone No.1
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`Ring Power Corp.
`
`Empire Southwest
`Co.
`
`Holt Texas, Ltd.
`
`Altorfer Inc.
`
`CMI Roadbuilding
`Inc.
`
`Thompson
`Machinery
`Commerce Corp.
`
`Contact through counsel
`Gerry Giurato
`1501 San Marco Boulevard
`Jacksonville, Florida 32207
`(904) 598-9282
`Contact through counsel
`Robert Ashley
`2929 North Central Avenue
`Suite 1700
`Phoenix, AZ 85012
`(602) 385-7845
`Contact through counsel
`Zachary J. Fanucchi
`One Riverwalk Place
`700 North St. Mary's Street
`Suite 1825
`San Antonio, TX 78205
`(210) 228-3614
`2600 6th St SW
`Cedar Rapids, IA, 52404
`(319) 560-2074
`
`Contact through counsel
`Cary E. Hiltgen
`9505 North Kelley Avenue
`Oklahoma City, OK 73131
`(405) 605-9000
`Contact through counsel
`Kevin C. Baltz
`Butler Snow LLP
`150 3rd Avenue South, Suite
`1600, Nashville, TN 37201
`(615) 651-6714
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`9
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`Individual (Name) Address and Telephone No.1
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`RFA Engineering
`
`Ritchie Brothers
`
`Godbersen-Smith
`Construction
`Company d/b/a/
`Gomaco
`
`Caterpillar Trimble
`Control
`Technologies LLC
`
`Contact through counsel
`Cody Blades
`Fafinski Mark & Johnson
`775 Prairie Center Drive
`Suite 400
`Eden Prairie, MN 55344
`(952) 995-9500
`5500 County Road 99W
`Dunnigan, CA, 95937
`
`Contact through counsel
`Luke McCammon
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`(202) 408-4273
`Contact through counsel for
`Defendant
`
`Connection to Case and Subject
`Matter of Discoverable Information
`Third-party with knowledge of prior
`art products.
`
`Third-party with knowledge of prior
`art products.
`
`Third-party with knowledge of prior
`art products.
`
`Third-party with knowledge of
`Caterpillar’s road construction
`machines, especially road-milling
`machines and reclaimers.
`
`
`*Contact through counsel for Plaintiff Wirtgen America, Inc.: William Sekyi, Patterson Intellectual
`Property Law, P.C., Roundabout Plaza, 1600 Division Street, Suite 500, Nashville, Tennessee
`37203, Tel. (615) 242-2400.
`
`Wirtgen America reserves the right to rely on any fact witnesses deposed by Defendant at
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`least with respect to the subject matter of their testimony. Wirtgen America reserves the right to
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`rely on any fact witness identified in Defendant’s Initial Disclosures. Wirtgen America reserves
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`the right to disclose additional individuals whom Wirtgen America may use to support its claims
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`or defenses based on information learned during the course of this litigation. Wirtgen America also
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`reserves the right to rely on any sworn testimony from witnesses previously disclosed in related
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`proceedings, including In the Matter of Certain Road Construction Machines and Components
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`10
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`Thereof, Investigation No. 337-TA-1088 (Int’l Trade Comm’n) (the “1088 Investigation”), In the
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`Matter of Certain Road Milling Machines and Components Thereof, Investigation No. 337-TA-
`
`1067 (Int’l Trade Comm’n) (the “1067 Investigation”), and the 1067 Investigation Inter Partes
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`Proceedings Under Part 177 before the U.S. Customs and Border Protection related to
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`administrative rulings CBP HQ H314355 and CBP HQ H324012 (the “177 Proceedings”).
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`2.
`
`Documents, Electronically Stored Information, and Tangible Things in the
`Possession, Custody, or Control of Wirtgen America
`
` Pursuant to Rule 26(a)(1)(A)(ii), and based upon its investigation to date, Wirtgen
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`America identifies the following categories of documents, electronically stored information, and
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`tangible things in Wirtgen America’s possession, custody, or control, that Wirtgen America may
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`use to support its claims or defenses:
`
`i. U.S. Patent Nos. 7,828,309 (“the ’309 patent”), 8,118,316 (“the ’316 patent”),
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`7,530,641 (“the ’641 patent”), 8,113,592 (“the ’592 patent”), 9,010,871 (“the ’871
`
`patent”), 9,656,530 (“the ’530 patent”), 7,946,788 (“the ’788 patent”), 8,511,932 (“the
`
`’932 patent”), 8,690,474 (“the ’474 patent”), RE48,268 (“the ’268 patent”), 8,424,972
`
`(“the ’972 patent”), 9,879,390 (“the ’390 patent”), and 9,879,391 (“the ’391 patent”)
`
`(collectively, the “Asserted Patents”);
`
`ii.
`
`File histories for the Asserted Patents, including the file histories of inter partes review
`
`(IPR) proceedings for the applicable Asserted Patents;
`
`iii. Documents showing ownership of the Asserted Patents;
`
`iv. Documents demonstrating and/or describing the functionality of the technology,
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`products, or services underlying, embodying, or embracing any claim of the Asserted
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`Patents (collectively, the “Patented Technology”);
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`11
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`v. Documents, photographs, images, videos, and/or things showing Defendant’s
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`infringement of the Asserted Patents, including Defendant’s unauthorized use of the
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`Patented Technology in Defendant’s road-construction machines, such as road-milling
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`machines, recyclers, or stabilizers, as well as other cold-milling technology;
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`vi. Documents showing Defendant’s knowledge and willful infringement of the Asserted
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`Patents;
`
`vii. Documents, photographs, images, videos, and/or things produced by Defendant, third
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`parties, or any other parties related to the validity of the Asserted Patents, including
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`prior art and prior art equipment cited by Defendant and the inspection of prior art
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`equipment cited by Defendant;
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`viii. Documents constituting, referring, or relating to the sales, pricing, market share, profits,
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`profit margins, sales projections, and market studies associated with Wirtgen’s road
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`construction machines comprising the Patented Technology;
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`ix. Documents constituting, referring, or relating to damages, costs, and expenses arising
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`from Defendant’s infringement of the Asserted Patents, including (without limitation)
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`loss of revenue, loss of profits, loss of market share, price erosion, loss of goodwill,
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`damage to reputation, adverse impact on downstream-, ecosystem-, or network-related
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`sales or business opportunities, or other harms; and,
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`x. Documents, electronically stored information, or other tangible things produced by
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`Defendant, third parties, or any other parties in the course of this civil action and in
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`related proceedings, including the 1088 Investigation, the 1067 Investigation, and the
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`177 Proceedings.
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`12
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`These documents, electronically stored information, and/or tangible things are located or
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`available in one or more of Wirtgen America’s corporate offices in the United States, the
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`possession of Wirtgen America’s counsel, the public domain, the possession of third-party
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`individuals or entities who Wirtgen America may subpoena, and/or are in Defendant’s possession.
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`Wirtgen America shall conduct additional searches for discoverable documents, electronically
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`stored information, and/or tangible things, should the need for supplementary information arise
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`and a proper request be made in a timely manner. Wirtgen America reserves the right to amend or
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`supplement its disclosures as Wirtgen America’s investigation continues, the case progresses, and
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`discovery is taken.
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`3.
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`Computation of Damages Claimed by Wirtgen America
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`Pursuant to Rule 26(a)(1)(A)(iii), and based upon its investigation to date, Wirtgen
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`America seeks all remedies to which it is entitled under federal law, pursuant to 35 U.S.C.
`
`§§ 283–285, arising from Defendant’s patent infringement. Pursuant to 35 U.S.C. § 283, Wirtgen
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`America seeks equitable relief arising from Defendant’s patent infringement, including at least a
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`permanent injunction, as well as any other legal or equitable relief that the Court deems just and
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`proper. Pursuant to 35 U.S.C. § 284, Wirtgen America seeks damages in an amount adequate to
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`compensate for the patent infringement, which includes, but is not limited to, lost sales and/or
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`lost profits, or at least a reasonable royalty for the use of Wirtgen America’s patented inventions,
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`together with interest and costs fixed by the Court. Moreover, Wirtgen America seeks an
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`accounting of all Defendant’s infringing sales and revenues. In addition, Wirtgen America seeks
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`damages up to three times the amount to be found, or to be assessed, by the Court with respect to
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`Defendant’s infringement, based at least in part on Defendant’s willful infringement. Also,
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`Wirtgen America seeks prejudgment interest. Wirtgen America seeks an award of attorneys’ fees
`
`and expenses under 35 U.S.C. § 285. Such costs, fees, and expenses cannot be computed at the
`
`13
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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 15 of 17 PageID #:
`15616
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`present time and depend on a variety of factors such as the length and intensity of the litigation
`
`and the positions that Defendant takes in this civil action. Wirtgen America’s computation of its
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`damages may be the subject of expert discovery in accordance with Rule 26(a)(2). Wirtgen
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`America reserves the right to rely upon the opinions of qualified experts regarding any claim for
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`damages, costs, expenses, or attorneys’ fees.
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`At this time, Wirtgen America is unable to fully compute its damages, costs, expenses, and
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`attorneys’ fees arising from Defendant’s conduct because it has not yet obtained discovery from
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`Defendant, nor has Wirtgen America obtained an expert opinion. Wirtgen America will provide
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`computations of the damages, costs, expenses, and attorneys’ fees at an appropriate time. And,
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`since much of the information necessary to make damages calculations is in the possession of
`
`Defendant, Wirtgen America reserves its right to identify additional documents as this matter
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`proceeds. Moreover, Defendant’s patent infringement is ongoing and the amount of damages to
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`which Wirtgen America is entitled continues to increase.
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`4.
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`Insurance Agreement
`
`Pursuant to Rule 26(a)(1)(A)(iv), and based upon its investigation to date, Wirtgen
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`America is not aware of any insurance agreements under which any individual or entity carrying
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`on an insurance business may be liable to satisfy part or all of a judgment entered in this action
`
`or to indemnify or reimburse any party for payments made to satisfy a judgment.
`
`14
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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 16 of 17 PageID #:
`15617
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`
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`Dated: March 1, 2023
`
`
`Ryan D. Levy
`Seth R. Ogden
`William E. Sekyi
`Scott M. Douglass
`Mark A. Kilgore
`PATTERSON INTELLECTUAL PROPERTY LAW, P.C.
`Roundabout Plaza
`1600 Division Street, Suite 500
`Nashville, Tennessee 37203
`(615) 242-2400
`rdl@iplawgroup.com
`sro@iplawgroup.com
`wes@iplawgroup.com
`smd@iplawgroup.com
`mak@iplawgroup.com
`
`Adam W. Poff (No. 3990)
`Samantha G. Wilson (No. 5816)
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`Rodney Square
`1000 North King Street
`Wilmington, Delaware 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
`
`Attorneys for Wirtgen America, Inc.
`
`
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`
`/s/ Joseph H. Kim
`Daniel E. Yonan
`Paul A. Ainsworth
`R. Wilson Powers III
`Kyle E. Conklin
`Deirdre M. Wells
`Joseph H. Kim
`Davin B. Guinn
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`1100 New York Ave., NW, Suite 600
`Washington, DC 20005
`(202) 371-2600
`dyonan@sternekessler.com
`painsworth@sternekessler.com
`tpowers@sternekessler.com
`kconklin@sternekessler.com
`dwells@sternekessler.com
`josephk@sternekessler.com
`dguinn@sternekessler.com
`
`15
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`

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`Case 1:17-cv-00770-JDW-MPT Document 189-6 Filed 04/14/23 Page 17 of 17 PageID #:
`15618
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`
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`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on March 1, 2023, I caused the foregoing document to be served by
`
`email upon the following counsel:
`
`Bindu A. Palapura
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor Wilmington,
`Delaware 19801
`bpalapura@potteranderson.com
`
`
`James C. Yoon Ryan
`R. Smith
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road Palo
`Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`
`Attorneys for Defendant Caterpillar Inc.
`
`Dated: March 1, 2023
`
`
`
`
`
`
`
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`
`/s/ Joseph H. Kim
`Joseph H. Kim
`Sterne, Kessler, Goldstein & Fox PLLC
`1100 New York Ave., NW, Suite 600
`Washington, DC 20005
`(202) 371-2600
`josephk@sternekessler.com
`
`Attorneys for Wirtgen America, Inc.
`
`
`
`