Case 1:17-cv-00770-JDW Document 428-2 Filed 06/28/24 Page 1 of 4 PageID #: 39043
`Case 1:17-cv-00770-JDW Document 428-2 Filed 06/28/24 Page 1 of 4 PagelD #: 39043
`
`EXHIBIT 2
`EXHIBIT 2
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`Case 1:17-cv-00770-JDW Document 428-2 Filed 06/28/24 Page 1 of 4 PagelD #: 39043
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:17-cv-00770-JDW Document 428-2 Filed 06/28/24 Page 2 of 4 PageID #: 39044
`
`Ryan D. Levy <rdl@iplawgroup.com>
`Friday, March 17, 2023 6:04 AM
`Yoon, James
`Seth Ogden; Paul A. Ainsworth; Wirtgen Matter; Wirtgendctlit@sternekessler.com;
`WSGR - Caterpillar Litigation
`Re: Motion to Stay / Bifurcate / Reduction of Claims
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`EXT - rdl@iplawgroup.com
`
`Hi Jim-
`
`That works for me.
`
`Ryan D. Levy
`
`On Mar 16, 2023, at 18:14, Yoon, James <JYoon@wsgr.com> wrote:
`
`Ryan,
`
`Does 1:30pm Pacific work?
`
`Jim
`
`James Yoon
`Wilson Sonsini Goodrich & Rosati
`650 Page Mill Road
`Palo Alto, CA 94304
`650-320-4726 (Direct)
`650-714-8493 (Cell #1: Normal Work Cell)
`650-229-2649 (Cell #2: Remote Work Cell)
`Email: jyoon@wsgr.com
`
`From: Ryan D. Levy <rdl@iplawgroup.com>
`Date: Thursday, March 16, 2023 at 3:15 PM
`To: Yoon, James <JYoon@wsgr.com>, Seth Ogden <sro@iplawgroup.com>, Paul A. Ainsworth
`<painsworth@sternekessler.com>, Wirtgen Matter <wirtgen1-litigation@iplawgroup.com>,
`wirtgenDCTlit@sternekessler.com <Wirtgendctlit@sternekessler.com>
`1
`
`
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`Case 1:17-cv-00770-JDW Document 428-2 Filed 06/28/24 Page 3 of 4 PageID #: 39045
`
`Cc: WSGR - Caterpillar Litigation <caterpillar@wsgr.com>
`Subject: RE: Motion to Stay / Bifurcate / Reduction of Claims
`
`EXT - rdl@iplawgroup.com
`
`Hi Jim-
`
`Happy to discuss and we appreciate your thoughts. With respect to the meet and confer we discussed
`yesterday, what is your availability tomorrow? I am generally open.
`
`Ryan D. Levy | Managing Shareholder
`PATTERSON INTELLECTUAL PROPERTY LAW
`Phone: 615.242.2400 | Fax: 615.242.2221 | rdl@iplawgroup.com
`Roundabout Plaza | 1600 Division Street, Suite 500
`Nashville, TN 37203
`
`<image001.jpg>
`This email message, including any attachment(s), is intended only for the named recipient(s) and may contain confidential, proprietary or
`attorney-client privileged information. Unauthorized individuals or entities are not permitted access to this information. Any dissemination,
`distribution, disclosure, or copying of this information by other than the intended recipient(s) is unauthorized and strictly prohibited. If you have
`received this message in error, please advise me by reply email, and delete this message and any attachments. Thank you.
`
`From: Yoon, James <JYoon@wsgr.com>
`Sent: Thursday, March 16, 2023 3:28 PM
`To: Ryan D. Levy <rdl@iplawgroup.com>; Seth Ogden <sro@iplawgroup.com>; Paul A. Ainsworth
`<painsworth@sternekessler.com>; Wirtgen Matter <wirtgen1-litigation@iplawgroup.com>;
`wirtgenDCTlit@sternekessler.com
`Cc: WSGR - Caterpillar Litigation <caterpillar@wsgr.com>
`Subject: Motion to Stay / Bifurcate / Reduction of Claims
`
`sophospsmartba nnere nd Ryan, Seth and Paul,
`
`Now that all the IPR institution decision have been made.
`
`We would like to meet and confer with you regard the filing a motion to
`stay/bifurcate the case with respect to the patents where the IPRs have been
`instituted. Namely:
`
`Wirtgen: ‘390, ‘391 and ‘972 Patents
`Caterpillar: ‘995 and ‘538 Patents
`
`We believe that staying the case with respect to these patents make sense for the
`parties and Court. Statistically, there is a strong likelihood that many of the
`asserted claims in these patents will be invalidated. It does not make sense for
`the parties or the Court to spend additional resources on these patents (after the
`completion of fact discovery).
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 428-2 Filed 06/28/24 Page 4 of 4 PageID #: 39046
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`For example, it does not make sense for the parties to go the cost of filing
`opening, rebuttal and reply expert reports on these patents. It does not make
`sense for the Court to spend time on summary judgment motions and Daubert
`motions with respect to these patents.
`
`Additionally, staying the case with respect to these patents will result in a
`substantial reduction of claims and will make the case more manageable at trial.
`
`Please let me know when you are available to meet and confer.
`
`Jim
`
`James Yoon
`Wilson Sonsini Goodrich & Rosati
`650 Page Mill Road
`Palo Alto, CA 94304
`650-320-4726 (Direct)
`650-714-8493 (Cell #1: Normal Work Cell)
`650-229-2649 (Cell #2: Remote Work Cell)
`Email: jyoon@wsgr.com
`
`This email and any attachments thereto may contain private, confidential, and privileged material for
`the sole use of the intended recipient. Any review, copying, or distribution of this email (or any
`attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please
`contact the sender immediately and permanently delete the original and any copies of this email and
`any attachments thereto.
`
`This email and any attachments thereto may contain private, confidential, and privileged material for
`the sole use of the intended recipient. Any review, copying, or distribution of this email (or any
`attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please
`contact the sender immediately and permanently delete the original and any copies of this email and
`any attachments thereto.
`
`3
`
`
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