`
`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.
`
`MOTION TO SEAL
`
`Defendant Caterpillar Inc. (“Caterpillar;”) respectfully moves this Court for an order
`
`granting leave to file under seal the following documents:
`
`
`
`
`
`Caterpillar Inc.’s Opening Brief In Support Of Motion To Strike Untimely New Opinions
`From Drs. John Meyer, Durham Giles, And Pallavi Seth (the “Brief”); and
`
`Exhibits 4-6 of The Declaration Of Chris Mays in Support Of Caterpillar Inc.’s Motion
`To Strike Untimely New Opinions From Drs. John Meyer, Durham Giles, And Pallavi
`Seth (the “Mays Decl. Exhibits”)
`
`The Brief and Mays Decl. Exhibits contain the confidential information of Wirtgen and
`
`Caterpillar produced under the protective order in this matter. They have been designated as
`
`Confidential or Highly Confidential – Attorneys’ Eyes Only under the protective order.
`
`Furthermore, the exact confidential material in the Brief and the Mays Decl. Exhibits was also
`
`included in Exhibit Nos. 1, 2, and 4 of the Declaration of Lucy Yen in Support of Caterpillar
`
`Inc.’s Opening Brief in Support of Motions to Exclude Certain Expert Testimony and for
`
`Summary Judgment, and have therefore already been filed under seal as part of that filing. D.I.
`
`213-1, Ex. 1; D.I. 213-2, Ex. 2; D.I. 213-4, Ex. 4. Accordingly, the grounds for sealing this Brief
`
`and the Mays Decl. Exhibits are set forth in Wirtgen America, Inc.’s Brief in Support of the
`
`Parties’ Joint Motion for Leave to File Under Seal, D.I. 214, and Caterpillar Inc.’s Brief in
`
`Support of Joint Motion to Seal. D.I. 225, as well as the declarations attached thereto.
`
`
`
`Case 1:17-cv-00770-JDW Document 231 Filed 10/13/23 Page 2 of 2 PageID #: 24146
`
`The parties have concurrently docketed the documents listed above with the proposed
`
`redactions highlighted. Wirtgen’s proposed redactions are highlighted in green and Caterpillar’s
`
`proposed redactions are highlighted in yellow. Redacted versions of the brief and exhibits will
`
`be filed separately on the docket according to the Judge’s procedures.
`
`WHEREFORE, Caterpillar respectfully requests that the Court enter the enclosed order
`
`permitting it to file the above documents partially or completely under seal.
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Bindu A. Palapura
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`Attorneys for Defendant Caterpillar Inc.
`
`OF COUNSEL:
`
`James C. Yoon
`Christopher D. Mays
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`
`Ryan R. Smith
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Telephone: (206) 883-2500
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Telephone: (212) 999-5800
`
`Dated: October 13, 2023
`11111577/11898.00005
`
`2
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`
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