`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiff,
`
`
`
`v.
`
`WIRTGEN AMERICA, INC.,
`
`
`
`
`
`CATERPILLAR INC.,
`
`
`
`
`
`
`C.A. No. 17-770-JDW
`
`JURY TRIAL DEMANDED
`
`
`
`)))))))))
`
`
`
`
`Defendant.
`CATERPILLAR INC.’S NOTICE OF DEVELOPMENT AND
`REQUEST TO LIFT STAY AND SET SCHEDULING CONFERENCE
`Pursuant to the Joint Stipulation to Stay Patents for Case Narrowing Purposes (D.I. 185),
`
`Defendant Caterpillar Inc. (“Caterpillar”) provides the following update regarding the conclusion
`
`of the Patent Office’s inter partes review (“IPR”) proceedings of U.S. Patent Nos. 7,523,995 and
`
`9,975,538.
`
`WHEREAS, Caterpillar’s First Amended Answer
`
`to Amended Complaint and
`
`Counterclaims (D.I. 62) asserts the ’995 Patent and ’538 Patent;
`
`WHEREAS, on March 10, 2023, the Patent Office instituted two IPRs on the ’995 Patent;
`
`WHEREAS, on March 14, 2023, the Patent Office instituted an IPR on the ’538 Patent;
`
`WHEREAS, on April 10, 2023, the parties stipulated and agreed to stay this Action with
`
`respect to the ’995 and ’538 Patents pending the conclusion of the IPRs (see D.I. 185);
`
`WHEREAS, on March 12, 2024, the Patent Office issued its Final Written Decisions on
`
`the IPRs for the ’995 Patent and determined that claims 45-63 are not unpatentable (see Exs. A,
`
`B);
`
`WHEREAS, on March 12, 2024, the Patent Office issued its Final Written Decision on the
`
`IPR for the ’538 Patent and determined that Claim 13 was not unpatentable (see Ex. C);
`
`
`
`Case 1:17-cv-00770-JDW Document 350 Filed 03/13/24 Page 2 of 2 PageID #: 31314
`
`WHEREAS, Caterpillar requests the stay on these patents be lifted and the Court set a
`
`scheduling conference accordingly.
`
`NOW, THEREFORE, Caterpillar respectfully requests the Court lift the stay of ’995 and
`
`’538 Patents and set a scheduling conference at the Court’s convenience.
`
`
`
`
`
`
`
`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: March 13, 2024
`11377049 /11898.00005
`
`
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Andrew L. Brown
`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.
`
`2
`
`
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