`
`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
`REPLY IN SUPPORT OF ITS MOTIONS TO EXCLUDE CERTAIN 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: November 2, 2023
`11144870/11898.00005
`
`
`
`Case 1:17-cv-00770-JDW Document 259 Filed 11/02/23 Page 2 of 3 PageID #: 29173
`
`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 Reply in Support of 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 27 is a true and correct copy of excerpts to the Expert
`
`Report of Dr. Pallavi Seth, dated May 19, 2023.
`
`3.
`
`Attached hereto as Exhibit 28 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 29 is a true and correct copy of a letter from R. Levy to
`
`J. Yoon, dated February 21, 2022.
`
`5.
`
`Attached hereto as Exhibit 30 is a true and correct copy of an article by Mark A.
`
`Lemley and Christopher A. Cotropia, Copying in Patent Law, North Carolina Law Review, 87(5)
`
`(2009).
`
`6.
`
`Attached hereto as Exhibit 31 is a true and correct copy of Renewed Motion for
`
`Judgment as a Matter of Law No Will Infringement Pursuant to Fed. R. Civ. P. 50(b) in the Packet
`
`Intelligence LLC v. NetScout Systems, Inc., 2:16-CV-00230 (Dkt. 322) (E.D. Tex. Oct. 26, 2018).
`
`
`
`Case 1:17-cv-00770-JDW Document 259 Filed 11/02/23 Page 3 of 3 PageID #: 29174
`
`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 2nd day of November 2023 in New York, New York.
`
` /s/ Lucy Yen
`Lucy Yen
`
`2
`
`
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