`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`DECLARATION OF ASHA T. MEHROTRA
`IN SUPPORT OF JOINT MOTION TO SEAL
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`
`I, Asha T. Mehrotra, declare as follows:
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`1.
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`I am Assistant General Counsel of Defendant and Counterclaim-Plaintiff
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`Caterpillar Inc. (“Caterpillar”). I have personal knowledge of the facts stated herein, and if called
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`as a witness, I could and would testify competently thereto.
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`I am submitting this declaration in support of the parties’ Joint Motion to Seal
`2.
`(“Motion to Seal”).
`3.
`Through the Motion to Seal, Caterpillar seeks leave to file under seal Caterpillar’s
`source code and confidential documents related to technology developed in connection with
`Caterpillar’s joint venture with Trimble Inc. (“CTCT”).
`4.
`Caterpillar also seeks to file under seal certain sensitive financial information.
`5.
`First, certain documents Caterpillar seeks to seal contain citations to and
`descriptions of Caterpillar’s confidential source code. Like others in the road construction
`industry, Caterpillar maintains its source code relating to the operation of its machinery as highly
`sensitive trade secrets. Caterpillar has invested significant R&D resources to develop source
`code to optimize the operation of its products. Competitors armed with this confidential source
`code could use it to copy Caterpillar’s software and related features, thereby harming
`Caterpillar’s competitive standing.
`
`
`
`
`
`-1-
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`
`
`)))))))))
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`
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`WIRTGEN AMERICA, INC.,
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`
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`
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`CATERPILLAR INC.,
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`
`
`Plaintiff,
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`
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`v.
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`
`
`Defendant.
`
`
`
`Case 1:17-cv-00770-JDW Document 228 Filed 10/05/23 Page 2 of 3 PageID #: 22968
`
`6.
`Second, Caterpillar seeks to seal certain confidential information regarding
`technology developed in collaboration with CTCT. CTCT is a joint venture between Caterpillar
`and Trimble Inc. that develops digital solutions. I understand that CTCT worked with Caterpillar
`to develop software and source code incorporated in Caterpillar’s machines. In that regard,
`CTCT produced in this case information regarding its technology, including technical
`schematics, charts, and specifications. For the same reasons as discussed regarding Caterpillar’s
`source code, given the collaboration with Caterpillar and incorporation in Caterpillar’s software,
`competitors armed with this confidential information could use it to copy the software and related
`features, thereby harming Caterpillar’s competitive standing.
`7.
`Third, Caterpillar seeks to seal certain financial information referenced in some
`the reports of the parties’ damages experts in this matter, including its non-public sales data such
`as costs, revenue, and profit. Caterpillar, like most businesses, considers this type of sales data
`to be confidential because it represents the core of our business operations and ultimately, our
`ability to generate profits. Public disclosure of otherwise confidentially-maintained financial
`information would result in substantial economic and competitive harm to Caterpillar, including
`by damaging its negotiating position with customers, parts suppliers, and competitors in the
`industry. For example, if these counterparties had access to Caterpillar’s financial information,
`they could use it to press Caterpillar during negotiations for discounts and other favorable
`treatment. Specific to this case, if Wirtgen America gained access to Caterpillar’s confidential
`financial data, it could leverage this information to gain an advantage in reaching out to
`customers, pricing its own products, and offering discounts to secure sales.
`I declare under penalty of perjury under the laws of the United States of America that the
`foregoing is true and correct.
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`
`
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`Executed in Illinois on October 5, 2023.
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`Case 1:17-cv-00770-JDW Document 228 Filed 10/05/23 Page 3 of 3 PageID #: 22969
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`
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`
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`
`
`By: ________________________________
`Asha T. Mehrotra
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`
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