Case 1:17-cv-00770-JDW Document 230-9 Filed 10/05/23 Page 1 of 6 PageID #: 24075
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`Exhibit 85
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`Case 1:17-cv-00770-JDW Document 230-9 Filed 10/05/23 Page 2 of 6 PageID #: 24076
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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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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` C.A. No. 17-770-JDW-MPT
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`JURY TRIAL DEMANDED
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`HIGHLY CONFIDENTIAL-
`OUTSIDE ATTORNEYS’ EYES
`ONLY
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`CATERPILLAR INC.’S RESPONSES AND OBJECTIONS TO
`WIRTGEN AMERICA, INC.’S FIRST SET OF INTERROGATORIES (NOS. 1-20)
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and the Local Rules of the
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`United States District Court for the District of Delaware (“Local Rules”), Defendant and
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`Counterclaim-Plaintiff Caterpillar Inc. (“Caterpillar”) hereby responds to Plaintiff and Counterclaim-
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`Defendant Wirtgen America, Inc.’s (“Wirtgen America’s”) First Set of Interrogatories (Nos. 1-20) as
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`follows.
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`RESERVATION OF RIGHTS
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`Caterpillar’s responses are based on information currently available to Caterpillar. Caterpillar
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`reserves all rights to supplement, revise, and/or amend these responses should additional information
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`become available through the discovery process or by other means. Caterpillar also reserves the right
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`to produce or use any information or documents that are discovered after service of these responses in
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`support of or in opposition to any motion, in depositions, or at hearings or trial. In responding to
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`Wirtgen America’s First Set of Interrogatories, Caterpillar does not waive any objection on the
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`Case 1:17-cv-00770-JDW Document 230-9 Filed 10/05/23 Page 3 of 6 PageID #: 24077
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`INTERROGATORY NO. 20: Separately, for each of the Accused Caterpillar Products, set forth,
`describe, and identify each build (e.g., O1A, O2A, O2A-B, O2B, O2B-2), prototype, make, and
`model for the Accused Caterpillar Products, and for each build, prototype, make, and model, set
`forth, describe, and identify the dates of manufacture of, the dates of sales and offers for sales of,
`product identifiers for, and serial numbers for, the foregoing.
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`RESPONSE TO INTERROGATORY NO. 20:
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`Caterpillar incorporates all of its general objections and reservations of rights as if
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`specifically set forth herein. Caterpillar also objects to this Interrogatory as compound,
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`representing numerous requests in one. Caterpillar objects to this Interrogatory as premature to
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`the extent it seeks expert testimony or expert-related materials before Caterpillar is required to
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`identify and provide such materials under the Scheduling Order. Caterpillar objects to this
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`Interrogatory to the extent it seeks information protected from disclosure by the attorney-client
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`privilege and/or work-product doctrine, or any other applicable privilege or protection. Caterpillar
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`specifically objects to this Interrogatory as overly broad and unduly burdensome to the extent it
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`seeks information that is not relevant to the claim or defense of any party and is not proportional
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`to the needs of the case. Caterpillar objects to this Interrogatory as vague, ambiguous, and unduly
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`burdensome at least as to the terms “set forth, describe, and identify each build,” “O2A-B,” “O2B-
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`2,” “prototype, make, and model,” “set forth, describe, and identify the dates of manufacture of,
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`the dates of sales and offers for sales of, product identifiers for, and serial numbers for, the
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`foregoing” as used in this Interrogatory.
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`Subject to and without waiving these objections, Caterpillar responds as follows: The
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`makes of the Accused Products are Caterpillar Inc., or one of its subsidiaries such as Caterpillar
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`Paving Products, Inc., Caterpillar Prodotti Stradali S.r.L. The models of the Accused Products are
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`the PM620 model, the PM622 model, the PM820 model, the PM822 model, the PM825 model,
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`the PM310 model, the PM312 model, and the PM313 model.
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`Case 1:17-cv-00770-JDW Document 230-9 Filed 10/05/23 Page 4 of 6 PageID #: 24078
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`Build Description
`01A
`Initial build
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`02A
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`02B
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`Ride control feature removed in
`running change during 02A
`production
`Ride control feature removed
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`Leg position sensors removed
`(For PM620/622/820/822/825)
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`First Shipment Date
`May 2016 (PM620/622)
`December 2017 (PM820/822/825)
`May 2018 (PM310/312/313)
`June 2019 (PM310/312/313)
`June 2019 (PM620/622)
`July 2019 (PM820/822/825)
`November 2019 (PM310/312/313)
`November 2020 (PM620/622/820/822/825)
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`In accordance with Federal Rule of Civil Procedure 33(d), Caterpillar refers to the
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`following documents for additional responsive information because the burden of deriving or
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`ascertaining the answer to this interrogatory from these produced documents is substantially the
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`same for Wirtgen as for Caterpillar: CAT-770_039450.
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`Caterpillar further responds that its investigation and discovery are ongoing and it reserves
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`the right to amend, modify, or supplement this response as new information becomes available in
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`accordance with the Federal Rules of Civil Procedure, the Local Rules of this Court, and the
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`Scheduling Order (D.I. 28) entered by the Court.
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`Case 1:17-cv-00770-JDW Document 230-9 Filed 10/05/23 Page 5 of 6 PageID #: 24079
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`OF COUNSEL:
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`James C. Yoon
`Ryan R. Smith
`Wilson Sonsini Goodrich & Rosati, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Tel: (650) 493-9300
`jyoon@wsgr.com
`rsmith@wsgr.com
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`Lucy Yen
`Wilson Sonsini Goodrich & Rosati, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Tel: (212) 999-5800
`lyen@wsgr.com
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`Dated: February 7, 2023
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`Potter Anderson & Corroon LLP
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`/s/ Bindu A. Palapura
`Bindu A. Palapura (#5370)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`bpalapura@potteranderson.com
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`Attorneys for Defendant Caterpillar Inc.
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`Case 1:17-cv-00770-JDW Document 230-9 Filed 10/05/23 Page 6 of 6 PageID #: 24080
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 7, 2023, a copy of the foregoing document was served via
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`electronic mail upon all counsel of record.
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`/s/ Bindu A. Palapura
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`Bindu A. Palapura
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