Case 1:17-cv-00770-JDW Document 369-22 Filed 04/12/24 Page 1 of 3 PageID #: 33965
`Case 1:17-cv-00770-JDW Document 369-22 Filed 04/12/24 Page 1 of 3 PagelD #: 33965
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`EXHIBIT 22
`EXHIBIT 22
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`Case 1:17-cv-00770-JDW Document 369-22 Filed 04/12/24 Page 2 of 3 PageID #: 33966
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`HIGHLY CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER
`
`IN THE UNITED STATES DISTRICT COURT
`BEFORE THE
`THE DISTRICT OF DELAWARE
`WIRTGEN AMERICA, INC.
`
`Plaintiff
`
`v.
`
`CATERPILLAR, INC.
`
`Defendant
`
`C.A. No. 17-770-JDW
`
`
`
`
`
`EXPERT REPORT OF
`DR. PALLAVI SETH
`ON BEHALF OF
`WIRTGEN AMERICA, INC.
`
`
`MAY 19, 2023
`
`
`
`

`

`Case 1:17-cv-00770-JDW Document 369-22 Filed 04/12/24 Page 3 of 3 PageID #: 33967
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`HIGHLY CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER
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`TPH00315; TPH00316; TPH00317; TPH00318; XS600302; XS600303; XS600304; XS600305;
`XS600306; XS600307; XS600308; XS600309; XS600310; XS600311; XS600312; XS600313;
`XS600314; XS600315; XS600316; XS600317; XS600318; XS600319; XS600320; XS600321;
`XS600322; XS600323; XS600324; XS600325; XS600326.
`
`D.5 Vibration Mounting (the ’268 Patent)
`
`312. I understand Wirtgen accuses all PM600 and PM800 machines and all RM600 and RM800
`rotary mixers of infringement.407 However, I also understand that Wirtgen is only seeking
`damages for this patent for machines sold after the patent was asserted in the September 2, 2021
`Amended Complaint. Therefore, I conservatively include in my royalty base all PM600 and
`PM800 machines with a build date after September 2, 2021.408 The serial numbers of the
`machines included in my royalty base are listed below.409
`
`313. I understand that Caterpillar has not produced complete sales and financial information to date. I
`reserve the right to update my royalty base and analysis if and when Caterpillar produces
`additional information.
`
`D.5.a Serial Numbers
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`314. 62700300; 62700301; 62700302; 62700304; 62700305; 62700306; 62700307; AN800300;
`AN800302; E8S00301; E8S00302; E8S00303; E8S00304; E8S00305; E8S00306; E8S00307;
`E8S00309; E8S00310; E8S00311; E8S00312; E8S00313; E8S00314; E8S00315; E8S00316;
`E8S00318; E8S00319; E8S00320; EE200314; EE200315; EE200316; EE200317; FG400330;
`FG400331; TPH00307; TPH00315; TPH00317; TPH00318; XS600302; XS600303; XS600304;
`XS600305; XS600306; XS600307; XS600308; XS600309; XS600310; XS600311; XS600312;
`
`
`407 See, Table 3.
`408 In particular, for those machines with no build date, I include machines with a sales entry date after September
`2, 2021. See, “Caterpillar Sales Data,” CAT-770_063219. For those machines with no build date and no sales
`entry date, I include machines with a reporting period after September 2, 2021. See, “Caterpillar Sales
`Information,” CAT-770_039450.
`409 See, “Caterpillar Sales Data,” CAT-770_063219; and “Caterpillar Sales Information,” CAT-770_039450.
`
`Expert Report of Pallavi Seth, Ph.D.
`C.A. No. 17-770-JDW
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`| Page 127 of 128
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