`Case 1:17-cv-00770-JDW Document 299-6 Filed 01/29/24 Page 1 of 5 PagelD #: 30021
`
`EXHIBIT 3B
`EXHIBIT 3B
`
`
`
`Case 1:17-cv-00770-JDW Document 299-6 Filed 01/29/24 Page 2 of 5 PageID #: 30022
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 17-770-JDW
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`WIRTGEN AMERICA, INC.,
`
`Plaintiff,
`
`v.
`
`CATERPILLAR INC.,
`
`Defendant.
`
`CATERPILLAR INC.’S TRIAL WITNESS LIST
`
`Plaintiff Caterpillar Inc. (“Caterpillar”) hereby identifies the following fact and expert
`
`witnesses that it may call at trial, except for currently unanticipated rebuttal and impeachment
`
`witnesses. Caterpillar reserves the right to amend this witness list, including to add any witness
`
`who may be deposed between the date of this list and trial, or otherwise decide not to call any
`
`listed witness. Caterpillar also reserves the right to call and examine any witness listed on Wirtgen
`
`America’s witness list.
`
`By identifying these witnesses, Caterpillar is not required to call them at trial, nor is
`
`Caterpillar limited in the manner in which such testimony is presented at trial. Certain of
`
`Caterpillar’s deposition designations are rebuttal in nature, and Caterpillar reserves the right to
`
`amend its deposition designations based on Wirtgen America’s presentations, witness testimony,
`
`forthcoming Court orders, including but not limited to, orders resolving any motions in limine or
`
`Daubert motions. Caterpillar further reserves the right to provide additional affirmative deposition
`
`designations for witnesses deposed between now and the conclusion of trial (e.g., Gary Montel,
`
`Günter Hähn).
`
`1
`
`
`
`Case 1:17-cv-00770-JDW Document 299-6 Filed 01/29/24 Page 3 of 5 PageID #: 30023
`
`I.
`
`WITNESSES CATERPILLAR CURRENTLY INTENDS TO CALL LIVE
`
`Witness
`Paul Bartkowski
`Eric Engelmann
`Corey Hanback
`Jeff Hoyle
`Nathan Just
`Richard Klopp
`Joseph Rakow
`Brett Reed
`Bud Rife
`Dario Sansone
`Andrew Smith
`Adam Sorini
`Craig Steffen
`Mark Tarvin
`
`Live/Deposition
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`Live
`
`II. WITNESSES CATERPILLAR CURRENTLY INTENDS TO CALL BY
`DEPOSITION
`
`Witness
`Timothy Allen
`Christian Berning
`Thomas Chastain
`Sandy Draper
`Günter Hähn1
`Brodie Hutchins
`Tim Lewis
`James McEvoy
`Brad McKinney
`Gary Montel1
`Markus Schaefer
`Jan Schmidt
`Jeff Wiley
`
`Live/Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`Deposition
`
`1 Caterpillar reserves the right to serve designations for these depositions after official
`transcripts have been issued.
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 299-6 Filed 01/29/24 Page 4 of 5 PageID #: 30024
`
`Caterpillar has previously provided Wirtgen America the additional information required
`
`under Rule 26(a)(3)(i). For the avoidance of doubt, Caterpillar witnesses should be contacted
`
`only through counsel.
`
`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.
`
`OF COUNSEL:
`
`James C. Yoon
`Christopher D. Mays
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`
`Ryan R. Smith
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Telephone: (206) 883-2500
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Telephone: (212) 999-5800
`
`Dated: January 12, 2024
`11272014/11898.00005
`
`3
`
`
`
`Case 1:17-cv-00770-JDW Document 299-6 Filed 01/29/24 Page 5 of 5 PageID #: 30025
`
`CERTIFICATE OF SERVICE
`
`I, Bindu A. Palapura, hereby certify that on January 12, 2024, true and correct copies of
`
`the within document were served on the following counsel of record at the addresses and in the
`
`manner indicated:
`
`VIA ELECTRONIC MAIL
`
`Adam W. Poff
`Pilar G. Kraman
`Samantha G. Wilson
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`apoff@ycst.com
`pkraman@ycst.com
`swilson@ycst.com
`
`Ryan D. Levy
`Seth R. Ogden
`William E. Sekyi
`Dominic A. Rota
`Mark A. Kilgore
`PATTERSON INTELLECTUAL PROPERTY
`LAW, P.C.
`1600 Division Street, Suite 500
`Nashville, TN 37203
`wirtgen1-litigation@iplawgroup.com
`
`Daniel E. Yonan
`Paul A. Ainsworth
`R. Wilson Powers III
`Kyle E. Conklin
`Deirdre M. Wells
`Davin B. Guinn
`Joseph H. Kim
`STERNE, KESSLER, GOLDSTEIN & FOX, PLLC
`1101 K Street, NW, 10th Floor
`Washington, DC 20005
`Wirtgendctlit@sternekessler.com
`
` /s/ Bindu A. Palapura
`Bindu A. Palapura
`
`
`
`
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