Case 1:17-cv-00770-JDW Document 221-18 Filed 10/05/23 Page 1 of 5 PageID #: 17152
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` Exhibit 18
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` Exhibit 18
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`Case 1:17-cv-00770-JDW Document 221-18 Filed 10/05/23 Page 2 of 5 PageID #: 17153
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`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
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`Before the Honorable David P. Shaw
`Administrative Law Judge
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`In the Matter of
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`CERTAIN ROAD MILLING MACHINES
`AND COMPONENTS THEREOF
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`Investigation No. 337-TA-1067
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`CATERPILLAR’S RESPONSES TO COMPLAINANT WIRTGEN AMERICA’S
`FOURTH SET OF REQUESTS FOR ADMISSIONS (NOS. 1530-1632)
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`Pursuant to Commission Rules 19 C.F.R. §§ 210.27 and 210.31, Respondents Caterpillar
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`Prodotti Stradali S.r.L. (“Caterpillar Prodotti”), Caterpillar Americas CV1 (“Caterpillar
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`Americas”), Caterpillar Paving Products, Inc. (“Caterpillar Paving”), and Caterpillar Inc.,
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`(collectively, the “Respondents” or “Caterpillar”) respond to Complainant Wirtgen America,
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`Inc.’s (“Complainant” or “Wirtgen”) Fourth Set of Requests for Admissions to Caterpillar Nos.
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`1530-1632.
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`GENERAL STATEMENTS AND OBJECTIONS
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`Respondents incorporate herein by reference their General Statements and Objections set
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`forth in Respondents’ Objections and Responses to Wirtgen’s Third Set of Requests for
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`Admission, served on November 27, 2017.
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`1 Caterpillar Americas CV does not import or sell any of the Accused Products to the United
`States. Respondents list Caterpillar Americas CV merely as a formality until it can be terminated
`from the Investigation.
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`1
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`Case 1:17-cv-00770-JDW Document 221-18 Filed 10/05/23 Page 3 of 5 PageID #: 17154
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`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
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`REQUESTS FOR ADMISSIONS
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`REQUEST FOR ADMISSION NO. 1530:
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`Admit that the CAD drawing produced as CAT0055043 accurately reflects the PM620
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`Cold Planer Machine that has been (or will be) imported into the United States on or before
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`December 31, 2017.
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`RESPONSE TO RESPONSE TO REQUEST FOR ADMISSION NO. 1530
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`Respondents incorporate their General Statements and Objections by reference.
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`Respondents specifically object to this Request as overly broad, vague, and ambiguous based on
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`Wirtgen’s use of the term “accurately reflects.”
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`Subject to and without waiving the foregoing general objections, Respondents admit that
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`the CAD drawing produced as CAT0055043 is a representation of the features present in the
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`PM620 as of the date of creation of the CAD file. Respondents otherwise deny this request.
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`REQUEST FOR ADMISSION NO. 1531:
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`Admit that the CAD drawing produced as CAT0055043 accurately reflects the Features-
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`at-Issue included within the PM620 Cold Planer Machine that has been (or will be) imported into
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`the United States on or before December 31, 2017.
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`RESPONSE TO REQUEST FOR ADMISSION NO. 1531:
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`Respondents incorporate their General Statements and Objections by reference.
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`Respondents specifically object to this Request as overly broad, vague, and ambiguous based on
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`Wirtgen’s use of the term “accurately reflects.” Respondents also object to this request as vague
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`and ambiguous, at least to the extent that the term “included within” is unclear and has not been
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`defined by Wirtgen.
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`2
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`Case 1:17-cv-00770-JDW Document 221-18 Filed 10/05/23 Page 4 of 5 PageID #: 17155
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`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
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`and ambiguous, at least to the extent that the terms “engine,” “pump drive housing,” and “rotor
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`drive system” are unclear and have not been defined by Wirtgen.
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`Subjecct to and without waiving the foregoing general objections, Respondents admit that
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`the CAD drawing produced as CAT0077103 is a representation of the features present in the
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`PM313 as of the date of creation of the CAD file. Respondents otherwise deny this request.
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`Date: January 10, 2018
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`Respectfully submitted,
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`/s/ Christine E. Lehman
`Christine E. Lehman
`James R. Barney
`David K. Mroz
`Sonja W. Sahlsten
`Connor S. Houghton
`FINNEGAN, HENDERSON, FARABOW
` GARRETT & DUNNER, LLP
`901 New York Avenue, N.W.
`Washington, D.C. 20001-4413
`Telephone: (202) 408-4000
`Facsimile: (202) 408-4400
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`Attorneys for the Caterpillar Respondents
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`57
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`Case 1:17-cv-00770-JDW Document 221-18 Filed 10/05/23 Page 5 of 5 PageID #: 17156
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`CERTAIN ROAD MILLING MACHINES AND
`COMPONENTS THEREOF
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`Inv. No. 337-TA-1067
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`CERTIFICATE OF SERVICE
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`I, Gisselle J. Arango, hereby certify that on January 10, 2018, copies of the foregoing were served
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`upon the following as indicated:
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`Counsel for Complainants Wirtgen America, Inc.
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`Daniel E. Yonan
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`1100 New York Avenue NW
`Washington, DC 20005
`Email: WIRTGEN-ITC@skgf.com
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`John F. Triggs
`PATTERSON INTELLECTUAL PROPERTY LAW, P.C.
`Roundabout Plaza, Suite 500
`1600 Division Street
`Nashville, TN 37203
`Email: External_Wirtgen@iplawgroup.com
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` Via First Class Mail
` Via Courier (FedEx)
` Via Hand Delivery
` Via Email (PDF File)
` Via EDIS
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` Via First Class Mail
` Via Courier (FedEx)
` Via Hand Delivery
` Via Email (PDF File)
` Via EDIS
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`/s/ Gisselle J. Arango
`Gisselle J. Arango
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`901 New York Avenue, NW
`Washington, DC 20001
`(202) 408-4000 (Telephone)
`(202) 408-4400 (Facsimile)
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`1
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