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Case 1:17-cv-00770-JDW Document 268-3 Filed 11/08/23 Page 1 of 4 PageID #: 29431
`Case 1:17-cv-00770-JDW Document 268-3 Filed 11/08/23 Page 1 of 4 PagelD #: 29431
`
`
`
`
`EXHIBIT 10
`EXHIBIT 10
`
`

`

`Case 1:17-cv-00770-JDW Document 268-3 Filed 11/08/23 Page 2 of 4 PageID #: 29432
`
`HIGHLY CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER
`
`IN THE UNITED STATES DISTRICT COURT
`
`BEFORE THE
`
`THE DISTRICT OF DELAWARE
`
`WIRTGEN AMERICA, INC.
`
`Plaintiff
`
`v.
`
`CATERPILLAR, INC.
`
`Defendant
`
`C.A. No. 17-770-JDW
`
`
`
`
`
`EXPERT REPOR T OF
`
`DR. PALLAVI SETH
`
`ON BEHALF OF
`
`WIRTGEN AMERICA, INC.
`
`
`
`
`
`M AY 1 9, 20 23
`
`
`
`

`

`Case 1:17-cv-00770-JDW Document 268-3 Filed 11/08/23 Page 3 of 4 PageID #: 29433
`
`HIGHLY CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER
`
`[H]: Unique values in column [G].
`[7]: Sum of [H].
`
`
`TABLE 8: APPORTIONED SURPLUS VALUE, LARGE ACCUSED PRODUCTS
`
`Scenario
`
`Large, Four‐Way
`Floating
`
`Large, Original Driving
`Backwards
`
`Large, Path
`Measurement
`
`Large, Sensor Switching
`
`[A]
`
`[B]
`
`[C]
`
`[D]
`
`Large, Vibration
`Mounting and Parallel
`to Surface
`[E]
`
`Wirtgen's Lost Profits
`Caterpillar's Accused Profits
`Surplus
`
`[1]
`[2]
`[3]
`
`Patent
`
`Joint Surplus Value
`
`Apportionment Rate
`
`Apportioned Joint
`Surplus Value
`
`Bargaining Split
`
`Apportioned Joint
`Surplus Value Allocated
`to Wirtgen
`
`Apportioned Joint
`Surplus Value
`Allocated to Wirtgen,
`Family‐Level
`
`[F]
`
`[G]
`
`[H]: [F]x[G]
`
`[I]
`
`[J]: [F]x[I]
`
`[K]
`
`Four‐way Full Floating Family
`7,828,309
`
`Driving Backwards Family
`7,530,641
`Path Measurement Family
`9,656,530
`Sensor Switching Family
`7,946,788
`8,690,474
`
`Vibration Mounting Family
`RE48,268
`Parallel to Surface Family
`8,424,972
`
`[4]
`
`[5]
`
`[6]
`
`[7]
`[8]
`
`[9]
`
`[10]
`
`Total ‐ All Asserted Patent Families
`
`[11]
`
`Sources and Notes:
`Joint surplus values for each patent are calculated with reference to the Accused Products that are
`alleged to infringe that patent. See, Appendix D for details around the different royalty bases I
`consider.
`[1]:
`
`[A]: See, Exhibit 5, cell [X][58].
`[B]: See, Exhibit 5, cell [AB][58].
`[C]: See, Exhibit 5, cell [AF][58].
`[D]: See, Exhibit 5, cell [AJ][58].
`[C]: See, Exhibit 5, cell [AN][58].
`
`[2]:
`
`[A]: See, Exhibit 5, cell [AA][58].
`[B]: See, Exhibit 5, cell [AE][58].
`[C]: See, Exhibit 5, cell [AI][58].
`[D]: See, Exhibit 5, cell [AM][58].
`[C]: See, Exhibit 5, cell [AQ][58].
`[3]: [2]-[1].
`[F]:
`
`[4]: [3][A].
`[5]: [3][B].
`[6]: [3][C].
`[7]-[8]: [3][D].
`[9]-[10]: [3][E].
`[G]: See Table A.15.
`
`Expert Report of Pallavi Seth, Ph.D.
`C.A. No. 17-770-JDW
`
`| Page 86 of 128
`
`

`

`Case 1:17-cv-00770-JDW Document 268-3 Filed 11/08/23 Page 4 of 4 PageID #: 29434
`
`HIGHLY CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER
`
`the sale of Accused Products, Wirtgen is entitled to a reasonable royalty rate of at least 31.6
`
`percent, and potentially up to 40.7 percent, of revenues from the sale of Accused Products.361
`
`This rate considers, among other things, both Wirtgen’s loss of market profits and the portion of
`
`the value created by Caterpillar’s products that can be attributed to the Asserted Patents.
`
`Respectfully Submitted,
`
`Pallavi Seth, Ph.D.
`
`
`
`
`
`
`
`
`361 See, Table 9, row [14].
`
`Expert Report of Pallavi Seth, Ph.D.
`C.A. No. 17-770-JDW
`
`| Page 91 of 128
`
`

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