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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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`Plaintiff,
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`v.
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`CATERPILLAR, INC.,
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`Defendant.
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`Case No. 1:17-cv-00770-JDW
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`ORDER
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`AND NOW, this 4th day of January, 2024, upon consideration of Plaintiff Wirtgen
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`America, Inc.’s Motion for Partial Summary Judgment (D.I. 217), and for the reasons stated
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`in the accompanying Memorandum, it is ORDERED that Wirtgen’s Motion for Summary
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`Judgment (D.I. 217) is GRANTED IN PART and DENIED IN PART, as follows:
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`1.
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`Summary judgment is GRANTED as to non-infringement of Claims 1 and 8 of
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`the ‘618 Patent;
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`Summary judgment is GRANTED as to the application of IPR estoppel;
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`Summary judgment is GRANTED as to no improper broadening of the ‘268
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`2.
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`3.
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`Patent; and
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`4.
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`Summary judgment is DENIED in all other respects.1
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`1 D.I. 217 also includes arguments to exclude expert testimony under Fed. R. Evid. 702. I
`have not addressed those arguments in this Order or in the accompanying
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`Case 1:17-cv-00770-JDW Document 273 Filed 01/04/24 Page 2 of 2 PageID #: 29528
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`It is FURTHER ORDERED that, upon consideration of Defendant Caterpillar Inc.’s
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`Motion for Summary Judgment (D.I. 209), the Motion is GRANTED as to non-infringement
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`of Claim 17 of the ‘641 Patent and DENIED in all other respects.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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`Memorandum. I will do so in a separate submission.
`2
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