`
`Potter Anderson & Corroon LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801-6108
`302.984.6000
`potteranderson.com
`
`Bindu A. Palapura
`Partner
`Direct 302.984.6092
`
`March 8, 2023
`
`VIA ELECTRONIC FILING
`
`The Honorable Judge Joshua D. Wolson
`United States District Court of the Eastern District of Pennsylvania
`James A. Byrne United States Courthouse
`601 Market Street
`Philadelphia, PA 19106
`
`Re: Wirtgen America, Inc. v. Caterpillar, Inc., C.A. No. 17-770-JDW-MPT
`
`Dear Judge Wolson:
`
`We write in response to the Court’s February 22, 2024 instruction that the parties provide
`their proposed schedule for the remaining issues to be resolved in this case.
`
`Enclosed please find Caterpillar’s proposal for briefing relating to Caterpillar’s estoppel
`claims and defenses, the parties’ respective JMOL motions, and Wirtgen America’s request for
`enhanced damages and injunctive relief.
`
`Caterpillar’s proposal allows the parties to brief the issues in a logical and efficient manner.
`Most of the briefing will be completed by June 14 – the same time frame proposed by Wirtgen
`America. Because any enhancement and injunctive relief is dependent on how the Court rules on
`the estoppel and JMOL issues, Caterpillar has proposed a schedule for enhancement and injunctive
`relief teed off the Court’s orders on the estoppel and JMOL issues (“Order”).
`
`Caterpillar is available to address the Court’s questions and concerns about the enclosed
`schedule.
`
`Respectfully,
`
`/s/ Bindu A. Palapura
`
`Bindu A. Palapura
`
`BAP:nmt/11370489/11898.00005
`
`cc: Counsel of Record (via electronic mail)
`
`
`
`Case 1:17-cv-00770-JDW Document 347 Filed 03/08/24 Page 2 of 2 PageID #: 31307
`
`CATERPILLAR’S PROPOSED SCHEDULE
`
`Caterpillar’s Estoppel Claims and Defenses
`
`April 10: Caterpillar Opening (25 pages)
`May 10: Wirtgen Response (25 pages)
`May 31: Caterpillar Reply (10 pages)
`
`JMOL Motions
`
`April 24: Simultaneous Openings (30 pages)
`May 24: Simultaneous Responses (30 pages)
`June 14: Simultaneous Relies (15 pages)
`
`Enhancement and Injunctive Relief
`
`
`30 days after Order:
`
`30 days after Wirtgen Opening:
`14 days after Caterpillar Response:
`7 days after Wirtgen Reply:
`
`Wirtgen Opening (25 pages)
`Caterpillar Response (25 pages)
`Wirtgen Reply (10 pages)
`Caterpillar Sur-Reply (10 pages)
`
`
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