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Case 1:17-cv-00770-JDW Document 385-1 Filed 05/21/24 Page 1 of 1 PageID #: 35589
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 17-770-JDW
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`WIRTGEN AMERICA, INC.,
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`Plaintiff/Counterclaim-Defendant,
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`v.
`CATERPILLAR INC.,
`Defendant/Counterclaim-Plaintiff.
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` [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR JUDGMENT
`ON THE PLEADINGS THAT THE ’538 PATENT IS INVALID
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`At Wilmington this _____ day of _______________, 2024, having considered Plaintiff
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`Wirtgen America, Inc.’s (“Wirtgen”) Motion for Judgment on the Pleadings That the ’538 Patent
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`Is Invalid (the “Motion”), and all papers and argument submitted in connection therewith, the
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`Court hereby ORDERS that Wirtgen’s Motion is GRANTED. The Court enters judgment that
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`claim 13 of the ’538 patent is ineligible under 35 U.S.C. § 101. The Court further enters
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`judgment to dismiss Caterpillar’s infringement allegations of the ’538 patent with prejudice.
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`It is so ordered.
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`The Honorable Joshua D. Wolson
`United States District Judge
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`- 1 -
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