`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`
`
`
`MOTION TO SEAL EXHIBITS FILED IN SUPPORT OF
`CATERPILLAR INC.’S AND WIRTGEN AMERICA, INC.’S MOTIONS IN LIMINE
`
`Defendant Caterpillar Inc. (“Caterpillar”) respectfully moves this Court for an order
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`granting leave to file under seal the following documents:
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` Exhibits A and C to the Declaration of Kristina C. Kelly in Support of Wirtgen
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`America, Inc.’s Motions in Limine; and
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` Exhibits 5, 6, and 7 to the Declaration of Lucy Yen in Support of Caterpillar Inc.’s
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`Motions in Limine.
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`
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`Exhibits A, C, 5, 6, and 7 (collectively, “the Exhibits”) contain confidential information
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`of Caterpillar produced under the protective order in this matter. They have been designated as
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`Confidential or Highly Confidential – Attorney’s Eyes Only under the protective order. D.I. 61.
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`Furthermore, the confidential information in the Exhibits is duplicative of and/or the same type
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`of information that the Court has already sealed in relation to the parties’ prior motions to seal in
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`this case. D.I. 235, 255, 262, 266. Accordingly, the grounds for sealing the Exhibits are set forth
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`in Caterpillar Inc.’s Brief in Support of Joint Motion to Seal, D.I. 225, 237, as well as the
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`declarations attached thereto.
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`
`
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`
`
`)))))))))
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`
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`WIRTGEN AMERICA, INC.,
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`
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`
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`CATERPILLAR INC.,
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`
`
`Plaintiff,
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`
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`v.
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`
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`Defendant.
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`
`
`Case 1:17-cv-00770-JDW Document 290 Filed 01/19/24 Page 2 of 3 PageID #: 29622
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` Specifically, Exhibit 5 contains confidential Caterpillar business plans and strategy,
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`including strategies on how to expand its business and compete with competitors, including
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`Wirtgen America. See D.I. 225 at 5-7. Exhibits 6 and 7 contain Caterpillar’s confidential
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`customer information, including customer names, locations, and products purchased. See id. at
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`7-9. Exhibit A contains confidential financial information including Caterpillar’s non-public
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`sales data such as costs, revenue, profit, margins, and units sold. See id. at 3-5. Exhibit C
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`contains the same CTCT confidential information that was previously sealed, including
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`information regarding its technology, technical schematics, charts, and specifications. See D.I.
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`225 at 5-6, Exhibit 59.
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`Because the information contained within these Exhibits have all previously been sealed
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`by this Court or is the same or similar type of information previously sealed by the Court, the
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`information contained within the Exhibits here should also be sealed.
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`The parties will docket the Exhibits with the proposed and limited redactions highlighted.
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`Redacted versions of the Exhibits will be filed separately on the docket according to the Judge’s
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`procedures.
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`WHEREFORE, Caterpillar respectfully requests that the Court enter the enclosed order
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`permitting it to file the above documents partially or completely under seal.
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`2
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`
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`Case 1:17-cv-00770-JDW Document 290 Filed 01/19/24 Page 3 of 3 PageID #: 29623
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`
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Bindu A. Palapura
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`
`Attorneys for Defendant Caterpillar Inc.
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`
`
`OF COUNSEL:
`
`James C. Yoon
`Ryan R. Smith
`Christopher D. Mays
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`
`Lucy Yen
`Cassie Leigh Black
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Telephone: (212) 999-5800
`
`Dated: January 19, 2024
`11279995 /11898.00005
`
`
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`3
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`
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