`
`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
`TO EXCLUDE CERTAIN UNRELIABLE EXPERT TESTIMONY
`
`Having reviewed the submissions regarding Defendant Caterpillar Inc.’s Motion to
`
`Exclude Certain Expert Testimony the Court has determined that the Motion should be
`
`GRANTED.
`
`Accordingly, IT IS HEREBY ORDERED that the following testimony and opinions are
`
`entirely EXCLUDED:
`
`(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.
`
`
`
`
`
`Case 1:17-cv-00770-JDW Document 210-1 Filed 10/05/23 Page 2 of 2 PageID #: 15664
`
`SO ORDERED, this _______ day of ______________, 2023.
`
`___________________________________________________
`THE HONORABLE JOSHUA D. WOLSON
`UNITED STATES DISTRICT JUDGE
`
`
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