`
`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.
`
`JOINT MOTION TO SEAL
`
`Plaintiff Wirtgen America, Inc. (“Wirtgen”) and Defendant Caterpillar Inc.
`
`(“Caterpillar;” collectively “the Parties”) respectively move this Court for an order granting
`
`leave to file under seal the following documents:
`
`
`
`
`
`Wirtgen America, Inc.’s Brief in Opposition to Caterpillar Inc.’s Motions to Exclude
`Certain Expert Testimony and for Summary Judgment (the “Wirtgen Opposition Brief”);
`and
`
`Exhibits A, D, G, H, I, J, K, L, M, O, P, and Q to the Declaration of Joseph Kim in
`Support of Wirtgen America, Inc.’s Brief in Opposition to Caterpillar Inc.’s Motions to
`Exclude Certain Expert Testimony and for Summary Judgment (the “Wirtgen Opposition
`Exhibits”).
`
`The Confidential Documents contain the confidential information of Wirtgen, Caterpillar,
`
`and third parties produced under the protective order in this matter. They have been designated
`
`as Confidential or Highly Confidential – Attorneys’ Eyes Only under the protective order. Other
`
`than Wirtgen Opposition Exhibit L, discussed below, the grounds for the motion are set forth in
`
`Wirtgen’s and Caterpillar’s briefs in support of this motion, as well as the declarations attached
`
`thereto.
`
`With respect to Wirtgen Opposition Exhibit L, the type of confidential material in this
`
`exhibit was also included in Exhibit Nos. 1 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
`
`
`
`Case 1:17-cv-00770-JDW Document 236 Filed 10/19/23 Page 2 of 4 PageID #: 24279
`
`for Summary Judgment, which has already been sealed by the Court. D.I. 235; D.I. 213-1, Ex. 1;
`
`D.I. 213-4, Ex. 4. Accordingly, the grounds for sealing Exhibit L 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.
`
`The parties have concurrently docketed the documents listed above (other than Wirtgen
`
`Opposition Exhibits A, I, O, and P) 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. With respect to Wirtgen Opposition Exhibits A, I,
`
`O, and P, Caterpillar and Wirtgen seek to seal these documents in their entirety.
`
`WHEREFORE, the parties respectfully request that the Court enter the enclosed order
`
`permitting it to file the above documents partially or completely under seal.
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 236 Filed 10/19/23 Page 3 of 4 PageID #: 24280
`
`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 19, 2023
`
`3
`
`
`
`Case 1:17-cv-00770-JDW Document 236 Filed 10/19/23 Page 4 of 4 PageID #: 24281
`
`Respectfully submitted,
`
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`
`By: /s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Pilar G. Kraman (No. 5199)
`Samantha G. Wilson (No. 5816
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`Tel: (302) 571-6642
`apoff@ycst.com
`pkraman@ycst.com
`swilson@ycst.com
`
`Attorneys for Wirtgen America, Inc.
`
`OF COUNSEL:
`
`Ryan D. Levy
`Seth R. Ogden
`William E. Sekyi
`Scott M. Douglass
`Dominic A. Rota
`Mark A. Kilgore
`John F. Triggs
`PATTERSON INTELLECTUAL PROPERTY LAW
`1600 Division Street, Suite 500
`Nashville, TN 37203
`Tel: (615) 242-2400
`
`Daniel E. Yonan
`Paul A. Ainsworth
`R. Wilson Powers III
`Kyle E. Conklin
`Deirdre M. Wells
`Davin B. Guinn
`Joseph H. Kim
`STERNE, KESSLER, GOLDSTEIN & FOX, PLLC
`1101 K Street, NW, 10th Floor
`Washington, DC 20005
`Tel: (202) 371-2600
`
`Dated: October 19, 2023
`
`11121696/11898.00005
`
`4
`
`
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