`
`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 REPLY BRIEFS IN SUPPORT OF MOTIONS FOR SUMMARY
`JUDGMENT AND TO EXCLUDE EXPERT TESTIMONY
`
`Defendant Caterpillar Inc. (“Caterpillar;”) respectfully moves this Court for an order
`
`granting leave to file under seal the following documents:
`
`
`
`
`
`Wirtgen America, Inc.’s Reply Brief in Support of its Combined Motion for Partial
`Summary Judgment and Motion to Exclude Inadmissible Expert Testimony (the
`“Wirtgen Reply Brief”); and
`
`Caterpillar Inc.’s Reply in Support of its Motions to Exclude Certain Expert
`Testimony and For Summary Judgment (the “Caterpillar Reply Brief;” together,
`the “Reply Briefs”).
`
`The Reply Briefs contain 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 confidential
`
`information in the Reply Briefs is duplicative of information that the Court has already sealed in
`
`relation to the parties’ prior motions in this case. D.I. 235.
`
`Specifically, the confidential information in the Wirtgen Reply Brief is also contained
`
`within Wirtgen America, Inc.’s Opening Brief in Support of its Combined Motion for Partial
`
`Summary Judgment and Motion to Exclude Inadmissible Expert Testimony at 11-12 (D.I. 212-5);
`
`Wirtgen’s Statement of Undisputed Material Facts at ¶¶ 41-46, 56, 121-122, 137-38, 127-133,
`
`137-138, 145, and 147 (D.I. 212-4); and Exhibit No. 12 of the Declaration of Joseph H. Kim in
`
`
`
`Case 1:17-cv-00770-JDW Document 256 Filed 11/02/23 Page 2 of 3 PageID #: 29108
`
`Support of Wirtgen America, Inc.’s Combined Motion for Partial Summary Judgment and Motion
`
`to Exclude Inadmissible Expert Testimony (D.I. 221-12, Ex. 12). The grounds for sealing the
`
`confidential information in the Wirtgen Reply Brief are set forth in Caterpillar Inc.’s Brief in
`
`Support of Joint Motion to Seal (D.I. 225). The Court has sealed these documents pursuant to the
`
`Court’s order at D.I. 235.
`
`Likewise, the confidential information in the Caterpillar Reply Brief is also contained
`
`within Caterpillar Inc.’s Opening Brief in Support of Motions to Exclude Certain Expert
`
`Testimony and for Summary Judgment at 2, 4, 6, and 11-12 (D.I. 211); and Exhibit No. 1 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 (D.I. 213-1, Ex. 1). The grounds
`
`for sealing the confidential information in the Caterpillar Reply Brief 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). The Court has sealed these documents pursuant to the Court’s order at D.I. 235.
`
`Because the information contained within the Reply Briefs has previously been sealed by
`
`this Court, this information should also be sealed in these latest filings.
`
`The parties have concurrently docketed the Reply Briefs 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 Reply Briefs 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 under seal.
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 256 Filed 11/02/23 Page 3 of 3 PageID #: 29109
`
`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: November 2, 2023
`11144598/11898.00005
`
`3
`
`
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