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Case 1:17-cv-00770-JDW Document 209-1 Filed 10/05/23 Page 1 of 1 PageID #: 15660
`
`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.
`
`[PROPOSED] ORDER GRANTING DEFENDANT CATERPILLAR INC.’S
`MOTION FOR SUMMARY JUDGMENT
`
`Having reviewed the submissions regarding Defendant Caterpillar Inc.’s Motion for
`
`Summary Judgment the Court has determined that the Motion should be GRANTED.
`
`Accordingly, IT IS HEREBY ORDERED that Defendant Caterpillar Inc.’s Motion for
`
`Summary Judgment on the following issues is GRANTED:
`
`1. Non-infringement of Claim 17 of the ‘641 Patent;
`
`2. Non-infringement of Claims 17 and 18 of the ‘641 Patent;
`
`3. Non-infringement of Claim 10 of the ‘309 Patent;
`
`4. Non-infringement of Claim 13 of the ‘972 Patent;
`
`5. Non-infringement of any asserted claim of the ‘474 and/or ‘788 Patents;
`
`6. No willful infringement of the Asserted Patents; and
`
`7.
`
`Invalidity of claim element 1[c] of the RE268 Patent.
`
`SO ORDERED, this _______ day of ______________, 2023.
`
`__________________________________________________
`THE HONORABLE JOSHUA D. WOLSON
`UNITED STATES DISTRICT JUDGE
`
`

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