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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-
`Defendant,
`v.
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`CATERPILLAR INC.
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`Defendant/Counterclaim-
`Plaintiff.
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`Case No. 17-770-JDW
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`PLAINTIFF’S MOTIONS FOR ENHANCED DAMAGES, ATTORNEYS’ FEES,
`AN INJUNCTION OR ONGOING ROYALTY, AND OTHER RELIEF
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`Plaintiff Wirtgen America, Inc. respectfully moves for the following post-trial relief:
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`1.
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`2.
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`3.
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`Enhanced, treble damages under 35 U.S.C. § 284;
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`Attorneys’ fees and costs under 35 U.S.C. § 285;
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`A permanent injunction prohibiting Caterpillar from making, using, offering to
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`sell, selling, or importing its infringing cold planer and rotary mixer machines, or alternatively,
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`ongoing royalties on a per-unit basis of 2–3 times the royalty awarded by the jury;
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`4.
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`Supplemental damages for infringing sales made through the date on which the
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`Court enters judgment, which are not accounted for in the Jury’s damages award, in an amount to
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`be determined based on an accounting of such sales;
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`5.
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`Prejudgment interest at the prime rate, compounded quarterly, on the jury award
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`and any supplemental damages awarded by the Court; and
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`6.
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`Post-judgment interest pursuant to 28 U.S.C. § 1961.
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`The grounds for this motion are set forth in the accompanying Opening Brief,
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`declaration, exhibits, and other submissions, filed concurrently with these motions.
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`Case 1:17-cv-00770-JDW Document 371 Filed 04/26/24 Page 2 of 2 PageID #: 34386
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`WHEREFORE, Wirtgen American, Inc. respectfully requests that this Court grant these
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`motions and enter an order substantially in the form attached hereto; and for such other relief as
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`the Court deems just and proper.
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`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
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`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
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`Dated: April 26, 2024
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`Of Counsel:
`Ryan D. Levy
`Seth R. Ogden
`William E. Sekyi
`Mark A. Kilgore
`PATTERSON INTELLECTUAL PROPERTY LAW, P.C.
`Roundabout Plaza
`1600 Division Street, Suite 500
`Nashville, Tennessee 37203
`(615) 242-2400
`rdl@iplawgroup.com
`sro@iplawgroup.com
`wes@iplawgroup.com
`mak@iplawgroup.com
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`- and -
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`Daniel E. Yonan
`Paul A. Ainsworth
`R. Wilson Powers III
`Kyle E. Conklin
`Deirdre M. Wells
`Joseph H. Kim
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`1100 New York Ave., NW, Suite 600
`Washington, DC 20005
`(202) 371-2600
`dyonan@sternekessler.com
`painsworth@sternekessler.com
`tpowers@sternekessler.com
`kconklin@sternekessler.com
`dwells@sternekessler.com
`josephk@sternekessler.com
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`Attorneys for Wirtgen America, Inc.
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