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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-Defendant,
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`v.
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`CATERPILLAR INC.
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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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`Defendant/Counterclaim-Plaintiff.
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`[PROPOSED] ORDER
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`Wirtgen America, Inc. seeks an order compelling Caterpillar Inc. to produce documents
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`and things related to Caterpillar’s newly asserted defense(s) against induced and/or willful
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`infringement based upon an alleged good-faith belief of noninfringement.
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`For good cause shown, the Court hereby orders Caterpillar to produce all documents and
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`things both supporting and undermining the arguments it intends to make and the testimony it
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`intends to elicit at trial that Caterpillar had a good faith belief of non-infringement as a defense to
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`indirect or willful infringement, including but not limited to documents in Mr. Engelmann’s
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`possession reflecting Caterpillar’s legal team’s analysis and conclusions relating to infringement
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`of Wirtgen America Inc.’s patents.
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`It is so ordered.
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`Dated: ________________
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`___________________________
`THE HON. JOSHUA D. WOLSON
`U.S. DISTRICT COURT JUDGE
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`Case 1:17-cv-00770-JDW Document 271-5 Filed 12/26/23 Page 2 of 2 PageID #: 29500
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`CERTIFICATE OF SERVICE
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`I, Adam W. Poff, Esquire, hereby certify that on December 26, 2023, I caused the
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`foregoing document to be served by email upon the following counsel:
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`Bindu A. Palapura
`Andrew L. Brown
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801
`bpalapura@potteranderson.com
`abrown@potteranderson.com
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`James C. Yoon
`Ryan R. Smith
`Christopher Mays
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`cmays@wsgr.com
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`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
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`caterpillar@wsgr.com
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`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
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`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
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`Attorneys for Plaintiff
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