`CATERPILLAR INC.
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`v.
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`Defendant/Counterclaim-Plaintiff.
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`Case 1:17-cv-00770-JDW Document 287-3 Filed 01/19/24 Page 1 of 3 PageID #: 29599
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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-Defendant,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`[PROPOSED] ORDER
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`Upon good cause shown, the Court enters the following orders on Wirtgen’s motions in limine.
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`Wirtgen’s MIL 1 is GRANTED. Caterpillar is precluded from introducing at trial new
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`theories, expert opinions, or evidence not previously disclosed, including:
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`• affirmative testimony that the magnet in Caterpillar’s lifting column sensors is not part of
`the sensor or that the sensor lacks a second attachment point, in the context of the ’530
`patent;
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`• affirmative testimony that the widest transverse dimension of Caterpillar’s 4-sided
`stability pattern falls outside the milling rotor footprint in the context of the ’309 patent;
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`• a hypothetical negotiation date earlier than May 2016;
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`• new non-infringement arguments for the asserted ’972 patent;
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`• a collateral-estoppel argument regarding the ’309 patent; and
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`• an intervening-rights defense to Wirtgen’s claims of infringement of the ’530 patent.
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`Wirtgen’s MIL 2 is GRANTED. Caterpillar is precluded from presenting evidence or
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`eliciting testimony regarding a purported belief of noninfringement.
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`Wirtgen’s MIL 3 is GRANTED. Caterpillar is precluded from arguing claim construction
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`to the jury, including:
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`1
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`Case 1:17-cv-00770-JDW Document 287-3 Filed 01/19/24 Page 2 of 3 PageID #: 29600
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`• claim-construction arguments for the terms (1) “deviation,” (2) “the milling drum is
`raised by a pre-determined amount,” and (3) “a sensing device . . . takes a lower limit
`position which corresponds to a predetermined distance or to a minimum distance to be
`maintained between the milling drum and the ground surface” in claims 11 and 15 of the
`’641 patent; and
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`• claim-construction arguments for the drive engine’s “attach[ment] to” the frame in the
`’268 patent.
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`Wirtgen’s MIL 4 is GRANTED. Caterpillar is precluded from discussing claims and
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`patents that are not at issue in this case, including:
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`• Caterpillar’s own patents related to milling machines;
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`• Wirtgen’s ’395, ’628, and ’340 patents; and
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`• Unasserted claims from currently asserted patents.
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`Wirtgen’s MIL 5 is GRANTED. Caterpillar should be precluded from presenting
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`statements or findings regarding any cancelled claims from the PTAB’s Final Written Decision
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`concerning the ’972 patent.
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`It is so ordered.
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`______________________
`Date
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`_______________________
`Judge Wolson
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`2
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`Case 1:17-cv-00770-JDW Document 287-3 Filed 01/19/24 Page 3 of 3 PageID #: 29601
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`CERTIFICATE OF SERVICE
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`I, Adam W. Poff, Esquire, hereby certify that on January 19, 2024, I caused the foregoing
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`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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