`Case 1:17-cv-00770-JDW Document 410-3 Filed 06/12/24 Page 1 of 2 PagelD #: 38661
`
`EXHIBIT R3
`EXHIBIT R3
`
`
`
`Case 1:17-cv-00770-JDW Document 410-3 Filed 06/12/24 Page 2 of 2 PageID #: 38662
`Wirtgen America v. Caterpillar - Reasonable Royalty and Interest Calculations
`Calculation 1 - Royalty Payment Assumed at Mid-Point of Quarter
`2016 to Partial February 2024
`
`Year/
`Quarter
`
`2016
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2017
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2018
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2019
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2020
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2021
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2022
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2023
`Qtr1
`Qtr2
`Qtr3
`Qtr4
`2024
` Qtr1 partial *
`
`Total Royalties and Pre-Judgment Interest
`
`Reasonable Royalty
`for Quarter
`(a)
`
`Balance at
`Midpoint
`(b)
`
`Seth Quarterly
`Prime Rate
`(c)
`
`Interest
`(d)=(b)x(c)
`
`Cumulative
`Total
`(e)=(a)+(b)
`
`$0
`$52,080
`$234,360
`$156,240
`
`$234,360
`$364,560
`$426,403
`$187,162
`
`$316,545
`$700,632
`$611,976
`$597,897
`
`$420,624
`$969,292
`$834,940
`$254,620
`
`$474,086
`$924,249
`$607,703
`$303,119
`
`$302,428
`$556,358
`$187,713
`$299,724
`
`$194,626
`$467,396
`$418,964
`$204,445
`
`$307,654
`$629,445
`$396,380
`$354,222
`
`$0
`
`$0
`$26,040
`$169,485
`$366,249
`
`$564,757
`$869,508
`$1,273,663
`$1,593,768
`
`$1,862,446
`$2,391,778
`$3,076,280
`$3,719,043
`
`$4,276,452
`$5,029,036
`$5,998,919
`$6,621,796
`
`$7,064,699
`$7,840,328
`$8,669,245
`$9,194,251
`
`$9,570,835
`$10,077,060
`$10,529,992
`$10,858,244
`
`$11,192,587
`$11,614,542
`$12,170,191
`$12,642,089
`
`$13,108,384
`$13,821,985
`$14,608,626
`$15,282,524
`
`$15,774,522
`
`0.864%
`0.864%
`0.864%
`0.876%
`
`0.937%
`0.997%
`1.046%
`1.056%
`
`1.114%
`1.179%
`1.230%
`1.295%
`
`1.348%
`1.348%
`1.302%
`1.186%
`
`1.082%
`0.803%
`0.803%
`0.803%
`
`0.803%
`0.803%
`0.803%
`0.803%
`
`0.813%
`0.968%
`1.316%
`1.663%
`
`1.869%
`1.980%
`2.044%
`2.060%
`
`2.060%
`
`$0
`$225
`$1,464
`$3,208
`
`$5,290
`$8,673
`$13,322
`$16,825
`
`$20,743
`$28,199
`$37,827
`$48,148
`
`$57,626
`$67,767
`$78,097
`$78,549
`
`$76,461
`$62,941
`$69,595
`$73,810
`
`$76,833
`$80,897
`$84,533
`$87,168
`
`$90,945
`$112,469
`$160,194
`$210,245
`
`$245,051
`$273,729
`$298,597
`$314,887
`
`$0
`$52,305
`$288,129
`$447,577
`
`$687,228
`$1,060,461
`$1,500,187
`$1,704,173
`
`$2,041,462
`$2,770,292
`$3,420,095
`$4,066,140
`
`$4,544,390
`$5,581,449
`$6,494,486
`$6,827,656
`
`$7,378,204
`$8,365,393
`$9,042,691
`$9,419,621
`
`$9,798,882
`$10,436,136
`$10,708,382
`$11,095,274
`
`$11,380,844
`$11,960,709
`$12,539,867
`$12,954,557
`
`$13,507,262
`$14,410,436
`$15,105,413
`$15,774,522
`
`$135,725
`
`$15,910,247
`
`$12,990,205
`Total
`Memo: Dr. Seth's Total (quarterly payments, mid-period convention):
`
`$2,920,042
`$2,920,085
`
`$15,910,247
`
`Note:
`
`* Calculated for 38 days at 8.50%, as done by Dr. Seth.
`
`Source: (a) and (c) calculated to match Dr. Seth's calculated royalty figures and quarterly Prime Rate.
`Interest compounded quarterly.
`(a) and (b) assume royalty payment for quarter is available at mid quarter, similar to Dr. Seth's "mid-period"
`approach; (b) reflects balance (cumulative total) at the end of the prior period plus one half the current
`quarterly interest. This application is odd, because it assumes the prior balance and one-half of the
`current royalty payment is available at the start of the quarter. In reality, balance and interest cycles
`would likely be aligned. In any event, the total interest calculation is very close to Dr. Seth's calculation.
`In addition, Dr. Seth applies a 0.69 adjustment in Q2 2016 and other small adjustments that slightly
`lower her interest calculations, taking into account starting damages periods for individual patents.
`These small adjustments of Dr. Seth are not performed here.
`
`Highly Confidential - Attorneys' Eyes Only
`
`
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