`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`302 984 6000
`www.potteranderson.com
`
`Bindu A. Palapura
`Partner
`Attorney at Law
`bpalapura@potteranderson.com
`302 984-6092 Direct Phone
`
`April 28, 2023
`
`
`VIA CM/ECF
`
`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, Pennsylvania 19106
`
`
`Re: Wirtgen America, Inc. v. Caterpillar Inc., C.A. No. 17-770-JDW
`
`
`Dear Judge Wolson:
`
`Pursuant to Your Honor’s direction at the April 20, 2023 telephonic hearing and the
`Scheduling Order (D.I. 28, as amended D.I. 88, 159, 187), Caterpillar Inc. (“Caterpillar”) hereby
`provides notice that it has reduced its number of asserted claims to three (3) (claims 1, 8, and 14)
`for U.S. Patent No. 9,371,618, which is Caterpillar’s sole remaining asserted patent that has not
`been stayed in this litigation.
`
`With respect to Wirtgen America, Inc.’s (“Wirtgen America’s”) corresponding reduction
`of asserted claims, based on what has been communicated to Caterpillar to date, Wirtgen
`America’s case remains unwieldly with significantly more patents and claims than can actually be
`tried within the scheduled five-day jury trial.
`
`Not only will this tax party resources heading into expert discovery and dispositive motion
`practice, it will also tax judicial resources as the Court will be asked to decide disputes relating to
`patents and claims that will ultimately not be at issue at trial. Wirtgen America should not be
`permitted to waste the Court’s resources on dispositive and pretrial motion practice just so that it
`may delay a decision it will ultimately need to make before trial.
`
`As such, Caterpillar respectfully requests that the Court order Wirtgen America to limit its
`case to a triable scope by no later than two weeks after receipt of Caterpillar’s invalidity reports
`(May 25, 2023).
`
`Counsel are available should Your Honor have any questions.
`
`Respectfully,
`
`/s/ Bindu A. Palapura
`
`Bindu A. Palapura
`
`
`BAP:nmt/10782436
`cc:
`All Counsel of Record (via electronic mail)
`
`
`
`
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