`
`WILMINGTON
`RODNEY SQUARE
`
`NEW YORK
`ROCKEFELLER CENTER
`
`CHARLOTTE
`CARILLON TOWER
`
`Adam W. Poff
`P 302.571.6642
`apoff@ycst.com
`
`
`
`June 6, 2024
`
`
`
`VIA CM/ECF
`
`The Honorable Joshua D. Wolson
`United States District Court
`for the Eastern District of Pennsylvania
`James A. Byrne United States Courthouse
`601 Market Street, Room 3809
`Philadelphia, PA 19106
`
`
`
`Re: Wirtgen America, Inc. v. Caterpillar Inc. - C.A. No. 17-770-JDW
`
`Dear Judge Wolson:
`
`During the parties’ last status conference with the Court, the Court inquired as to the
`deadline for the PTO to make a decision on whether to institute the ex parte reexamination of the
`‘995 patent. Wirgten’s counsel represented that it was our understanding that a decision would
`be made 60 days after the filing of the request. We subsequently learned that our representation
`was based on the typical time to decision, not the actual deadline. The deadline for the PTO to
`respond to an ex parte reexamination request is three months. 37 C.F.R. § 1.515. Because
`Wirtgen America’s reexamination request was submitted to the PTO on April 5, 2024, the
`deadline for the PTO to act is July 5, 2024. In Wirtgen’s counsel’s experience, the PTO typically
`acts within 60 days, which is confirmed by PTO published statistics that report the average time
`to a decision to institute an ex parte reexamination is 1.64 months.1
`
`Respectfully,
`
`/s/ Adam W. Poff
`
`Adam W. Poff (No. 3990)
`
`AWP
`cc: All Counsel of Record (vial E-mail)
`
`
`1See https://url.us.m.mimecastprotect.com/s/oQrpCwpkz9IA7npRCVDOcf?domain=uspto.gov<h
`ttps://url.us.m.mimecastprotect.com/s/oQrpCwpkz9IA7npRCVDOcf?domain=uspto.gov> (reporting
`average time to ex parte (EP) order)
`
`Young Conaway Stargatt & Taylor, LLP
`Rodney Square | 1000 North King Street | Wilmington, DE 19801
`P 302.571.6600 F 302.571.1253 YoungConaway.com
`
`
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