`
`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.
`
`DEFENDANT CATERPILLAR INC.’S MOTION
`TO EXCLUDE CERTAIN EXPERT TESTIMONY
`
`Defendant Caterpillar Inc. (“Caterpillar”) hereby moves to exclude the improper opinion
`
`testimony of Wirtgen America, Inc’s (“Wirtgen America”) Experts. Specifically, Caterpillar
`
`seeks to exclude the following:
`
`(1) Dr. Pallavi Seth’s opinions regarding Wirtgen America’s damages;
`
`(2) Wirtgen America’s Experts’ opinions that Wirtgen-branded machines practice the
`
`Asserted Patents;
`
`(3) Wirtgen America’s Experts’ opinions regarding mental state or subjective intent; and
`
`(4) Wirtgen America’s Experts’ opinions regarding the doctrine of equivalents.
`
`Attached hereto is a proposed order granting Caterpillar’s Motion to Exclude Expert
`
`Testimony. The grounds for Caterpillar’s motion are set forth in its Opening Brief filed
`
`concurrently herewith.
`
`Pursuant to D. Del. LR 7.1.1, counsel for Caterpillar has conferred with counsel for
`
`Wirtgen America regarding the filing of this Motion. Wirtgen America opposes this motion.
`
`
`
`Case 1:17-cv-00770-JDW Document 210 Filed 10/05/23 Page 2 of 2 PageID #: 15662
`
`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
`1243093 / 11898.00005
`
`2
`
`
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