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`IN THE UNITED STATES DISTRICT COURT
`FOR 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
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`JURY TRIAL DEMANDED
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`DECLARATION OF LUCY YEN IN SUPPORT OF CATERPILLAR INC.’S
`OPPOSITION TO WIRTGEN AMERICA’S COMBINED MOTION FOR PARTIAL
`SUMMARY JUDGMENT AND MOTION TO EXCLUDE EXPERT TESTIMONY
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`Case 1:17-cv-00770-JDW Document 240 Filed 10/19/23 Page 2 of 3 PageID #: 24343
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`I, Lucy Yen, declare as follows:
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`1.
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`I am an attorney admitted to this Court pro hac vice and admitted to practice in
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`New York, California, and the District of Columbia. I am a Partner at the law firm of Wilson
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`Sonsini Goodrich and Rosati, counsel for Plaintiff Caterpillar Inc. (“Caterpillar”) in the above-
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`captioned matter. I provide this declaration in support of Caterpillar’s Opposition to Wirtgen
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`America’s Combined Motion for Partial Summary Judgment and Motion to Exclude Expert
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`Testimony. Unless otherwise indicated below, the statements in this declaration are based on my
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`personal knowledge and my review of the documents cited herein. If called to testify as a witness,
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`I could and would competently do so under oath.
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`2.
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`Attached hereto as Exhibit 22 is a true and correct copy of excerpts to the
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`Deposition Transcript of Dr. John Lumkes, taken August 11, 2023.
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`3.
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`Attached hereto as Exhibit 23 is a true and correct copy of excerpts to the Rebuttal
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`Expert Report of Joseph Rakow, Ph.D., P.E., F.A.S.M.E., dated June 16, 2023.
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`4.
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`Attached hereto as Exhibit 24 is a true and correct copy of excerpts to the Rebuttal
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`Expert Report of Richard W. Klopp, Ph.D., P.E., F.A.S.M.E., dated June 16, 2023.
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`5.
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`Attached hereto as Exhibit 25 is a true and correct copy of excerpts to the
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`Deposition Transcript of Durham Giles, Ph.D., taken August 24, 2023.
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`6.
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`Attached hereto as Exhibit 26 is a true and correct copy of excerpts to Wirtgen
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`America, Inc.’s Supplemental Responses and Objections to Caterpillar Inc.’s Interrogatory No. 4,
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`dated April 7, 2023.
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`1
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`Case 1:17-cv-00770-JDW Document 240 Filed 10/19/23 Page 3 of 3 PageID #: 24344
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct to the best of my knowledge and belief after reasonable investigation. Executed
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`this 19th day of October 2023 in New York, New York.
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` /s/ Lucy Yen
`Lucy Yen
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