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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.
`
`
`Plaintiff/Counterclaim-
`Defendant,
`v.
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`CATERPILLAR INC.
`
`Defendant/Counterclaim-
`Plaintiff.
`
`
`
`Case No. 17-770-JDW
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`
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` [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTIONS FOR ENHANCED
`DAMAGES, ATTORNEYS’ FEES, AN INJUNCTION OR ONGOING ROYALTY, AND
`OTHER RELIEF
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`At Wilmington this _____ day of _______________, 2024, having considered Plaintiff
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`Wirtgen America, Inc.’s (“Wirtgen”) Motions for Enhanced Damages, Attorneys’ Fees, an
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`Injunction or Ongoing Royalty, and Other Relief and all papers and argument submitted in
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`connection therewith, the Court hereby ORDERS that:
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`1.
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`Wirtgen’s motion for enhanced, treble damages under 35 U.S.C. § 284 is
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`GRANTED.
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`2.
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`Wirtgen’s motion for attorneys’ fees and costs under 35 U.S.C. § 285 is
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`GRANTED. Wirtgen shall submit evidence of their reasonable attorneys’ fees and costs within
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`___ days of this order.
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`3.
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`Wirtgen’s motion for a permanent injunction is GRANTED.
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`[In the alternative,] Wirtgen’s motion for ongoing royalties is GRANTED. Caterpillar
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`Inc. (“Caterpillar”) shall pay, on a quarterly basis, ongoing royalties on a per-unit basis of ___
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`times the royalty awarded by the jury for any sales of infringing products from the date of the
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`judgment onwards.
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`- 1 -
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`Case 1:17-cv-00770-JDW Document 371-1 Filed 04/26/24 Page 2 of 4 PageID #: 34388
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`4.
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`Wirtgen’s motion for supplemental damages is GRANTED. Caterpillar shall
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`produce to Wirtgen within ___ days of this order, an accounting of Caterpillar’s sales of
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`infringing products made through the date on which the Court enters judgment. Plaintiff shall
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`submit a supplemental damages calculation within ___ days of receiving the accounting from
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`Caterpillar.
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`5.
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`Wirtgen’s motion for prejudgment interest is GRANTED. Caterpillar shall pay
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`pre-judgment interest at the prime rate, compounded quarterly.
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`6.
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`Wirtgen’s motion for post-judgment interest is GRANTED.
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`The Honorable Joshua D. Wolson
`United States District Judge
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`- 2 -
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`Case 1:17-cv-00770-JDW Document 371-1 Filed 04/26/24 Page 3 of 4 PageID #: 34389
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`
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`CERTIFICATE OF SERVICE
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`I, Adam W. Poff Esquire, hereby certify that on April 26, 2024, I caused the foregoing
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`document to be served by email upon the following counsel:
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`Bindu A. Palapura
`Andrew L. Brown
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`James C. Yoon
`Ryan R. Smith
`Christopher Mays
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`cmays@wsgr.com
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`Lucy Yen
`Michelle Dang
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`mdang@wsgr.com
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`Matthew A. Macdonald
`Naoya Son
`Alexander Turner
`Neil N. Desai
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`953 East Third Street
`Suite 100
`Los Angeles, CA 90013
`matthew.macdonald@wsgr.com
`nson@wsgr.com
`aturner@wsgr.com
`ndesai@wsgr.com
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`caterpillar@wsgr.com
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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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`Case 1:17-cv-00770-JDW Document 371-1 Filed 04/26/24 Page 4 of 4 PageID #: 34390
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`Attorneys for Plaintiff
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