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Case 1:17-cv-00770-JDW Document 249 Filed 10/25/23 Page 1 of 4 PageID #: 25024
`
`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.
`
`DECLARATION OF LUCY YEN IN SUPPORT OF CATERPILLAR INC.’S
`MOTIONS TO EXCLUDE CERTAIN EXPERT TESTIMONY AND FOR
`SUMMARY JUDGMENT
`
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`POTTER ANDERSON & CORROON LLP
`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 5, 2023
`11096989/11898.00005
`
`PUBLIC VERSION
`
`Public Version Dated: October 25, 2023
`
`

`

`Case 1:17-cv-00770-JDW Document 249 Filed 10/25/23 Page 2 of 4 PageID #: 25025
`
`I, Lucy Yen, declare as follows:
`
`1.
`
`I am an attorney admitted to this Court pro hac vice and admitted to practice in
`
`New York, California, and the District of Columbia. I am a Partner at the law firm of Wilson
`
`Sonsini Goodrich and Rosati, counsel for Plaintiff Caterpillar Inc. (“Caterpillar”) in the above-
`
`captioned matter. I provide this declaration in support of Caterpillar’s Motions to Exclude
`
`Certain Expert Testimony and for Summary Judgment. Unless otherwise indicated below, the
`
`statements in this declaration are based on my personal knowledge and my review of the
`
`documents cited herein. If called to testify as a witness, I could and would competently do so
`
`under oath.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of excerpts to the Opening
`
`Expert Report of Dr. Pallavi Seth, dated May 19, 2023. [FILED UNDER SEAL].
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of excerpts to the
`
`Deposition Transcript of Pallavi Seth, Ph.D., taken August 4, 2023.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts to the Reply
`
`Expert Report of Dr. Pallavi Seth, dated July 7, 2023. [FILED UNDER SEAL].
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the Errata for the
`
`8/4/2023 Deposition of Dr. Pallavi Seth, dated September 14, 2023. [FILED UNDER SEAL].
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts to the Expert
`
`Rebuttal Report of Brett L. Reed, dated June 16, 2023. [FILED UNDER SEAL].
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of the Patent Assignment
`
`to Application No. 15,409,670 designated Exhibit 7 to the 3/22/2023 Deposition of Brad
`
`McKinney.
`
`

`

`Case 1:17-cv-00770-JDW Document 249 Filed 10/25/23 Page 3 of 4 PageID #: 25026
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the Patent Assignment
`
`to Application No. 17,313,337 designated Exhibit 25 to the 3/22/2023 Deposition of Brad
`
`McKinney.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of excerpts to the Initial
`
`Expert Report of Dr. John Meyer, dated May 19, 2023. [FILED UNDER SEAL].
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of excerpts to the
`
`Deposition Transcript of John Meyer, Ph.D., taken August 17, 2023.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of excerpts to the Initial
`
`Expert Report of Dr. John H. Lumkes, dated May 18, 2023. [FILED UNDER SEAL].
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of excerpts to the
`
`Deposition Transcript of Dr. John Lumkes, taken August 11, 2023.
`
`13.
`
`Attached hereto as Exhibit 12 is a true and correct copy of excerpts to the Initial
`
`Expert Report of Dr. Christopher Rahn, dated May 19, 2023. [FILED UNDER SEAL].
`
`14.
`
`Attached hereto as Exhibit 13 is a true and correct copy of excerpts to Appendix
`
`D to the Initial Expert Report of Dr. John Meyer, dated May 19, 2023. [FILED UNDER
`
`SEAL].
`
`15.
`
`Attached hereto as Exhibit 14 is a true and correct copy of excerpts to Appendix
`
`E to the Initial Expert Report of Dr. John Meyer, dated May 19, 2023. [FILED UNDER SEAL].
`
`16.
`
`Attached hereto as Exhibit 15 is a true and correct copy of excerpts to Ex. 257 to
`
`the Deposition Transcript of John Meyer, Ph.D., taken August 17, 2023, bearing bates numbers
`
`CAT-770_002046. [FILED UNDER SEAL].
`
`2
`
`

`

`Case 1:17-cv-00770-JDW Document 249 Filed 10/25/23 Page 4 of 4 PageID #: 25027
`
`17.
`
`Attached hereto as Exhibit 16 is a true and correct copy of excerpts to the
`
`Rebuttal Expert Report of Joseph Rakow, Ph.D., P.E., F.A.S.M.E., dated June 16, 2023. [FILED
`
`UNDER SEAL].
`
`18.
`
`Attached hereto as Exhibit 17 is a true and correct copy of excerpts to the Reply
`
`Expert Report of Dr. John H. Lumkes, dated July 7, 2023. [FILED UNDER SEAL].
`
`19.
`
`Attached hereto as Exhibit 18 is a true and correct copy of excerpts to the
`
`Deposition Transcript of Eric Engelmann Volume I of II, taken March 16, 2023. [FILED
`
`UNDER SEAL].
`
`20.
`
`Attached hereto as Exhibit 19 is a true and correct copy of excerpts to the
`
`Opening Expert Report of Dr. Ricardo Valerdi Regarding Source Code, dated May 19, 2023.
`
`[FILED UNDER SEAL].
`
`21.
`
`Attached hereto as Exhibit 20 is a true and correct copy of excerpts to the
`
`Deposition Transcript of Christopher David Rahn, Ph.D., taken August 14, 2023. [FILED
`
`UNDER SEAL].
`
`22.
`
`Attached hereto as Exhibit 21 is a true and correct copy of excerpts to the
`
`30(b)(6) Deposition Transcript of Jan Schmidt, taken March 29, 2023. [FILED UNDER SEAL].
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct to the best of my knowledge and belief after reasonable investigation. Executed
`
`this 5th day of October 2023 in New York, New York.
`
` /s/ Lucy Yen
`Lucy Yen
`
`3
`
`

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