`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 17-770-JDW
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`WIRTGEN AMERICA, INC.,
`
`Plaintiff,
`
`v.
`
`CATERPILLAR INC.,
`
`Defendant.
`
`MOTION TO SEAL
`
`Defendant Caterpillar Inc. (“Caterpillar;”) respectfully moves this Court for an order
`
`granting leave to file under seal the following documents:
`
`
`
`
`
`
`
`
`
`Declaration of Brett Reed in Opposition to Wirtgen America, Inc.’s Motion for Enhanced
`Damages, Attorneys’ Fees, Injunction or Ongoing Royalties, and Other Relief (the “Reed
`Declaration”);
`
`Exhibit R2 to the Reed Declaration;
`
`Declaration of Chris Mays in Opposition to Wirtgen America, Inc.’s Motion for Enhanced
`Damages, Attorneys’ Fees, Injunction or Ongoing Royalties, and Other Relief (the “Mays
`Declaration”); and
`
`Exhibits 8-14, 23, 28, 31, 32 and 34 to the Mays Declaration.
`
`The Reed Declaration, Mays Declaration, and the above-identified exhibits contain the
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`confidential information of Wirtgen America, Inc. (“Wirtgen”) produced under the Protective
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`Order (D.I. 53) in this matter. They have been designated as Confidential or Highly Confidential
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`– Attorneys’ Eyes Only under the Protective Order. Wirtgen should identify which, if any, of the
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`information contained in the above-identified documents should remain sealed. Should Wirtgen
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`indicate that none of the information contained in the Reed Declaration, the Mays Declaration, and
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`above-identified exhibits is confidential, then Caterpillar will withdraw the instant motion.
`
`
`
`Case 1:17-cv-00770-JDW Document 390 Filed 05/24/24 Page 2 of 3 PageID #: 35737
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`The same type of confidential material in the Reed Declaration, Mays Declaration, and
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`above-identified exhibits, including financial information, business plans and strategies, and
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`customer information, were also included in materials previously sealed pursuant to previous Joint
`
`Motions to Seal and their supporting briefs. See D.I. 208, 225, 215, 235, and D.I. 236, 237, 242,
`
`251. Accordingly, the grounds for sealing the Reed Declaration, Mays Declaration, and above-
`
`identified exhibits are set forth in the parties’ Joint Motions to Seal (D.I. 208, 236), and the parties’
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`respective briefs in support of the Joint Motions to Seal (D.I. 225, 215, 237, 242), as well as the
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`declarations attached thereto.
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`Because it does not know exactly what confidential information in the above-identified
`
`documents Wirtgen will actually seek to keep under seal, Caterpillar is filing the entirety of these
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`documents under seal. Caterpillar invites Wirtgen to identify to the Court what, if any,
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`information in these documents it seeks to keep under seal. Caterpillar does not assert that any
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`of the above-identified material represents Caterpillar confidential information, and therefore
`
`does not seek to seal any of these documents for its own sake.
`
`WHEREFORE, Caterpillar respectfully requests that the Court enter the enclosed order
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`permitting it to file the above documents partially or completely under seal.
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 390 Filed 05/24/24 Page 3 of 3 PageID #: 35738
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Bindu A. Palapura
`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.
`
`OF COUNSEL:
`
`James C. Yoon
`Ryan R. Smith
`Christopher D. Mays
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, California 94304
`Telephone: (650) 493-9300
`
`Lucy Yen
`Cassie L. Black
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, New York 10019
`Telephone: (212) 999-5800
`
`Matthew A. Macdonald
`Neil N. Desai
`Naoya Son
`Alex J. Turner
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`953 E. 3rd St., #100
`Los Angeles, California 90013
`Telephone: (323) 210-2900
`
`Dated: May 24, 2024
`11524861/11898.00005
`
`3
`
`
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