`Case 1:17-cv-00770-JDW Document 410-5 Filed 06/12/24 Page 1 of 2 PagelD #: 38665
`
`EXHIBIT R5
`EXHIBIT RS
`
`
`
`Case 1:17-cv-00770-JDW Document 410-5 Filed 06/12/24 Page 2 of 2 PageID #: 38666
`Wirtgen America v. Caterpillar - Reasonable Royalty and Interest Calculations
`Calculation 3 - Royalty Payment at End of Year
`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 -
`End of Year
`(a)
`
`Balance at Start
`of Quarter
`(b)
`
`Seth Quarterly
`Prime Rate
`(c)
`
`Interest
`(d)=(b)x(c)
`
`Cumulative
`Total
`(e)=(a)+(b)
`
`$0
`$0
`$0
`$0
`
`$442,337
`$446,481
`$450,934
`$455,651
`
`$1,668,095
`$1,686,674
`$1,706,559
`$1,727,544
`
`$3,945,789
`$3,998,960
`$4,052,846
`$4,105,609
`
`$6,603,480
`$6,674,950
`$6,728,535
`$6,782,551
`
`$9,115,349
`$9,188,525
`$9,262,289
`$9,336,645
`
`$10,746,610
`$10,833,931
`$10,938,840
`$11,082,826
`
`$12,551,583
`$12,786,226
`$13,039,443
`$13,305,966
`
`$15,377,505
`
`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
`$0
`$0
`$0
`
`$4,144
`$4,454
`$4,717
`$4,810
`
`$18,578
`$19,886
`$20,984
`$22,365
`
`$53,170
`$53,887
`$52,762
`$48,702
`
`$71,470
`$53,585
`$54,015
`$54,449
`
`$73,176
`$73,764
`$74,356
`$74,953
`
`$87,321
`$104,910
`$143,986
`$184,313
`
`$234,642
`$253,217
`$266,523
`$274,161
`
`$0
`$0
`$0
`$442,337
`
`$446,481
`$450,934
`$455,651
`$1,668,095
`
`$1,686,674
`$1,706,559
`$1,727,544
`$3,945,789
`
`$3,998,960
`$4,052,846
`$4,105,609
`$6,603,480
`
`$6,674,950
`$6,728,535
`$6,782,551
`$9,115,349
`
`$9,188,525
`$9,262,289
`$9,336,645
`$10,746,610
`
`$10,833,931
`$10,938,840
`$11,082,826
`$12,551,583
`
`$12,786,226
`$13,039,443
`$13,305,966
`$15,377,505
`
`$132,309
`
`$15,509,814
`
`$442,337
`
`$1,207,634
`
`$2,195,880
`
`$2,449,170
`
`$2,278,349
`
`$1,335,012
`
`$1,284,444
`
`$1,797,378
`
`$0
`
`$12,990,205
`Total
`Memo: Dr. Seth's Total (quarterly payments, mid-period convention):
`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) assumes royalty payment made at end of the year.
`(b) reflects balance (cumulative total) at the end of the prior period.
`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.
`
`$2,519,609
`$2,920,085
`
`$15,509,814
`
`Highly Confidential - Attorneys' Eyes Only
`
`
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