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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Case No. 1:17-cv-00770-JDW
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`Wirtgen America, Inc.,
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`Plaintiff/Counterclaim-Defendant,
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`v.
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`Caterpillar Inc.,
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`Defendant/Counterclaim-Plaintiff.
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`DECLARATION OF BRETT L. REED IN SUPPORT OF CATERPILLAR’S
`OPENING BRIEF IN SUPPORT OF MOTIONS TO EXCLUDE CERTAIN EXPERT
`TESTIMONY AND FOR SUMMARY JUDGMENT
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`October 5, 2023
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`
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`Case 1:17-cv-00770-JDW Document 223 Filed 10/05/23 Page 2 of 2 PageID #: 18293
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`I submit this declaration on behalf of Defendant and Counterclaim-Plaintiff
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`Caterpillar Inc. ("Caterpillar"). On May 19, 2023, I submitted an expert report
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`("Reed Report 1 ") in this matter that analyzed the amount of damages sustained by
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`Caterpillar as a result of the infringement of Caterpillar's U.S. Patent No. 9,371 ,618
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`(the '"618 patent") by Plaintiff and Counterclaim-Defendant Wirtgen America , Inc.
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`("Wirtgen America ").
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`On June 16, 2023, I submitted a rebuttal expert ("Reed Report 2") report in
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`this matter assessing the appropriate amount of damages adequate to compensate
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`Wirtgen America for alleged infringement of its asserted patents, in the event
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`liability is established.
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`On June 16, 2023 , I also submitted an expert report addressing the
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`commercial success of four-segment, electrically switchable, sectional water spray
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`bar functionality accused of infringing Caterpillar's '618 patent ("Reed Report 3").
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`On July 7, 2023, I submitted a reply expert report ("Reed Report 4") that
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`responds to certain opinions and statements made by Dr. Seth regarding the
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`damages approach presented in Reed Report 1.
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`I declare under the penalty of perjury that Reed Reports 1 through 4 are true
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`and correct.
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`Dated : October 5, 2023
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`Brett L. Reed
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`Page 1
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