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Case 1:17-cv-00770-JDW Document 320-1 Filed 02/07/24 Page 1 of 1 PageID #: 30645
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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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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`[PROPOSED] ORDER
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`The Court having considered the Motion to Exclude Improper Damages Testimony from
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`Dr. Seth and Wirtgen America Witnesses (the “Motion”), IT IS HEREBY ORDERED this ____
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`day of February, 2024 that the Motion is GRANTED, and Wirtgen America, Inc. (“Wirtgen
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`America”) is precluded from presenting at trial:
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`(1) Dr. Pallavi Seth’s opinions regarding Wirtgen America’s damages;
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`(2) Testimony from any of Wirtgen America’s witnesses concerning any lay opinions on
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`royalties or apportionment;
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`(3) Testimony from any of Wirtgen America’s witnesses concerning using enterprise-
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`wide or machine-based revenue and profitability numbers in a manner that would be
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`prejudicial.
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`__________________________________
`U.S.D.J.
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`WIRTGEN AMERICA, INC.,
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`CATERPILLAR INC.,
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`v.
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`Plaintiff,
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`Defendant.
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`

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