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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`WIRTGEN AMERICA, INC.
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`Plaintiff,
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`v.
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`CATERPILLAR INC.
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`Defendant.
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`DECLARATION OF JOSEPH H. KIM IN SUPPORT OF WIRTGEN AMERICA, INC.’S
`OPPOSITION TO CATERPILLAR INC.’S MOTION TO STRIKE OPINIONS OF DRS.
`DURHAM GILES, JOHN MEYER, AND PALLAVI SETH
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`I am an attorney with Sterne, Kessler, Goldstein & Fox P.L.L.C., and serve as counsel for
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`Plaintiff Wirtgen America, Inc. I submit this declaration in support of Plaintiff’s opposition to
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`Caterpillar Inc.’s motions to exclude certain expert testimony and for summary judgment. I have
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`personal knowledge of the matters stated in this Declaration and could testify to them competently if
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`called upon to do so.
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`1.
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`Attached hereto as Exhibit 1 is a true and correct excerpt of the transcript of the
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`Video Deposition of Durham Giles, Ph.D., taken on August 24, 2023.
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`2.
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`Attached hereto as Exhibit 2 is a true and correct excerpt of the Opening Expert
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`Report of Dr. Adam Sorini, dated May 19, 2023.
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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.
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`Case 1:17-cv-00770-JDW Document 253 Filed 10/30/23 Page 2 of 2 PageID #: 29074
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`Executed this 30th day of October 2023, at Washington, D.C.
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`/s/ Joseph Kim
`Joseph H. Kim
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