`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 17-770-JDW
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`WIRTGEN AMERICA, INC.,
`
`Plaintiff,
`
`v.
`
`CATERPILLAR INC.,
`
`Defendant.
`
`JOINT MOTION TO SEAL
`
`Plaintiff Wirtgen America, Inc.. (“Wirtgen”) and Defendant Caterpillar Inc.
`
`(“Caterpillar;” collectively “the Parties”) respectively move this Court for an order granting
`
`leave to file under seal the following documents:
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Wirtgen America, Inc.’s Opening Brief In Support Of Its Combined Motion For Partial
`Summary Judgment And Motion To Exclude Inadmissible Expert Testimony (the
`“Wirtgen Brief”);
`
`The Statement of Undisputed Material Facts in support of Plaintiff’s Motion to Exclude
`Certain Expert Testimony and for Summary Judgment (the “Wirtgen Statement”);
`
`Exhibits 4, 11, and 12 to the Statement of Undisputed Material Facts in support of
`Plaintiff’s Motion to Exclude Certain Expert Testimony and for Summary Judgment (the
`“Wirtgen Statement Exhibits”);
`
`Caterpillar Inc.’s Opening Brief in Support of Motions to Exclude Certain Expert
`Testimony and for Summary Judgment (the “Caterpillar Brief”);
`
`The Parties’ Joint Compiled Statement of Material Facts in Relation to Caterpillar’s
`Motions for Summary Judgment (the “Caterpillar Statement”);
`
`Exhibits 13, 15, 39-42, 59, 60, 89, and 90 to the Parties’ Joint Compiled Statement of
`Material Facts in Relation to Caterpillar’s Motions for Summary Judgment (the
`“Caterpillar Statement Exhibits”); and
`
`Exhibits 1-5, and 19 of the Declaration of Lucy Yen in Support of Caterpillar Inc.’s
`Opening Brief in Support of Motions to Exclude Certain Expert Testimony and for
`Summary Judgment (the “Yen Decl. Exhibits”).
`
`
`
`Case 1:17-cv-00770-JDW Document 208 Filed 10/05/23 Page 2 of 4 PageID #: 15653
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`The Confidential Documents contain the confidential information of Wirtgen, Caterpillar,
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`and third parties produced under the protective order in this matter. They have been designated
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`as Confidential or Highly Confidential – Attorneys’ Eyes Only under the protective order. The
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`grounds for the motion are set forth in Wirtgen’s and Caterpillar’s briefs in support of this
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`motion, as well as the declarations attached thereto. The parties have concurrently docketed the
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`documents listed above (other than Caterpillar Statement Ex. Nos. 59 and 60) with the proposed
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`redactions highlighted. Wirtgen’s proposed redactions are highlighted in green and Caterpillar’s
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`proposed redactions are highlighted in yellow. Redacted versions of the brief and exhibits will
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`be filed separately on the docket according to the Judge’s procedures. With respect to Caterpillar
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`Statement Ex. Nos. 59 and 60, Caterpillar seeks to seal these documents in their entirety.
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`WHEREFORE, the parties respectfully request that the Court enter the enclosed order
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`permitting it to file the above documents partially or completely under seal.
`
`2
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`
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`Case 1:17-cv-00770-JDW Document 208 Filed 10/05/23 Page 3 of 4 PageID #: 15654
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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.
`
`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: October 5, 2023
`
`3
`
`
`
`Case 1:17-cv-00770-JDW Document 208 Filed 10/05/23 Page 4 of 4 PageID #: 15655
`
`Respectfully submitted,
`
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`
`By: /s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Pilar G. Kraman (No. 5199)
`Samantha G. Wilson (No. 5816
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`Tel: (302) 571-6642
`apoff@ycst.com
`pkraman@ycst.com
`swilson@ycst.com
`
`Attorneys for Wirtgen America, Inc.
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`OF COUNSEL:
`
`Ryan D. Levy
`Seth R. Ogden
`William E. Sekyi
`Scott M. Douglass
`Dominic A. Rota
`Mark A. Kilgore
`John F. Triggs
`PATTERSON INTELLECTUAL PROPERTY LAW
`1600 Division Street, Suite 500
`Nashville, TN 37203
`Tel: (615) 242-2400
`
`Daniel E. Yonan
`Paul A. Ainsworth
`R. Wilson Powers III
`Kyle E. Conklin
`Deirdre M. Wells
`Davin B. Guinn
`Joseph H. Kim
`STERNE, KESSLER, GOLDSTEIN & FOX, PLLC
`1101 K Street, NW, 10th Floor
`Washington, DC 20005
`Tel: (202) 371-2600
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`Dated: October 5, 2023
`
`11096857/11898.00005
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`4
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`
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