`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`WIRTGEN AMERICA, INC.,
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`CATERPILLAR INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`)))))))))))))
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`DECLARATION OF CHRISTOPHER D. MAYS IN SUPPORT OF
`CATERPILLAR INC.’S MOTION TO STRIKE UNTIMELY NEW OPINIONS FROM
`DRS. JOHN MEYER, DURHAM GILES, AND PALLAVI SETH
`
`
`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 6, 2023
`11150000 /11898.00005
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`
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`Public Version Dated: November 8, 2023
`
`PUBLIC VERSION
`
`
`
`Case 1:17-cv-00770-JDW Document 268 Filed 11/08/23 Page 2 of 2 PageID #: 29417
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`
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`I, Christopher D. Mays, declare as follows:
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`1.
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`I am an attorney at law duly licensed to practice in the State of California and
`
`before this Court. I am an associate at the firm of Wilson Sonsini Goodrich & Rosati, counsel for
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`Plaintiff Caterpillar Inc. (“Caterpillar”) in the above-captioned matter. I provide this declaration
`
`in support of Caterpillar’s Reply to Motion to Strike Untimely New Opinions from Drs. John
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`Meyer, Durham Giles, and Pallavi Seth. Unless otherwise indicated below, the statements in this
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`declaration are based on my personal knowledge and my review of the documents cited herein.
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`If called to testify as a witness, I could and would competently do so under oath.
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`2.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts to the Opening
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`Expert Report of Dr. Adam Sorini, dated May 19, 2023.
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`3.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts to the
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`Deposition of Pallavi Seth, Ph.D., taken August 4, 2023.
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`
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`4.
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`Attached hereto as Exhibit 10 is a true and correct copy of excerpts to the Expert
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`Report of Dr. Pallavi Seth, dated May 19, 2023. [FILED UNDER SEAL].
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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 6th day of November 2023 in Morgan Hill, California.
`
`
`
`
` /s/ Christopher D. Mays
`Christopher D. Mays
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`2
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