`
`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.
`
`DECLARATION OF LUCY YEN IN SUPPORT OF CATERPILLAR INC.’S
`OMNIBUS BRIEF IN SUPPORT OF ITS MOTIONS IN LIMINE
`
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`POTTER ANDERSON & CORROON LLP
`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
`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
`11279927/11898.00005
`
`PUBLIC VERSION
`
`Public Version Dated: February 2, 2024
`
`
`
`Case 1:17-cv-00770-JDW Document 305 Filed 02/02/24 Page 2 of 3 PageID #: 30327
`
`I, Lucy Yen, declare as follows:
`
`1.
`
`I am an attorney admitted to this Court pro hac vice and admitted to practice in
`
`New York, California, and the District of Columbia. I am a Partner at the law firm of Wilson
`
`Sonsini Goodrich and Rosati, counsel for Plaintiff Caterpillar Inc. (“Caterpillar”) in the above-
`
`captioned matter. I provide this declaration in support of Caterpillar’s Omnibus Brief in support
`
`of its Motions in Limine. Unless otherwise indicated below, the statements in this declaration are
`
`based on my personal knowledge and my review of the documents cited herein. If called to testify
`
`as a witness, I could and would competently do so under oath.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and excerpted copy of Wirtgen America’s
`
`Responses and Objections to Caterpillar’s First Set of Requests for Production (Nos. 1-91), dated
`
`December 20, 2021.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and excerpted copy of the deposition of James
`
`McEvoy, taken on March 31, 2023.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and excerpted copy of the deposition of Jan
`
`Schmidt, taken on March 29, 2023.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and excerpted copy of the Initial Expert
`
`Report of Dr. John H. Lumkes, dated May 18, 2023.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and excerpted copy of a document bearing
`
`bates number CAT_00055857, as produced in this litigation. [FILED UNDER SEAL]
`
`7.
`
`Attached hereto as Exhibit 6 is a true and excerpted copy of a document bearing
`
`bates number CAT_00055858-55861, as produced in this litigation. [FILED UNDER SEAL]
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of a document bearing bates
`
`number CAT_00055869, as produced in this litigation. [FILED UNDER SEAL]
`
`
`
`Case 1:17-cv-00770-JDW Document 305 Filed 02/02/24 Page 3 of 3 PageID #: 30328
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct to the best of my knowledge and belief after reasonable investigation. Executed
`
`this 19th day of January 2024 in New York, New York.
`
` /s/ Lucy Yen
`Lucy Yen
`
`2
`
`
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