`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`WIRTGEN AMERICA, INC.,
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`CATERPILLAR, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`Case No. 1:17-cv-00770-JDW
`
`
`
`
`
`
`
`
`
`ORDER
`
`AND NOW, this 5th day of January, 2024, upon consideration of Plaintiff Wirtgen
`
`America, Inc.’s Motion to Compel the Production of Documents Related to Previously
`
`Undisclosed Defense(s) (D.I. 271) and following a telephone conference with counsel for
`
`the Parties, it is ORDERED that the Motion is DENIED. During his deposition, Mr.
`
`Engelmann testified that while Caterpillar relied on its lawyers to form its non-
`
`infringement belief, Mr. Engelmann’s own views of non-infringement were not based on
`
`the advice of counsel. He only offered his personal views when pressed and in response
`
`to a question that instructed him to set aside advice of counsel and to share his own views.
`
`Therefore, Caterpillar hasn’t put the advice of its counsel at issue.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BY THE COURT:
`
`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
