Case 1:17-cv-00770-JDW Document 428-6 Filed 06/28/24 Page 1 of 5 PageID #: 39075
`Case 1:17-cv-00770-JDW Document 428-6 Filed 06/28/24 Page 1 of 5 PagelD #: 39075
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`EXHIBIT 6
`EXHIBIT 6
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`Case 1:17-cv-00770-JDW Document 428-6 Filed 06/28/24 Page 2 of 5 PageID #: 39076
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 17-770-JDW
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`)))))))))))))
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`WIRTGEN AMERICA, INC.,
`Plaintiff,
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`v.
`CATERPILLAR INC.,
`Defendant.
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`CATERPILLAR INC.’S FOURTH AMENDED INFRINGEMENT CONTENTIONS
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`Defendant and Counterclaim-Plaintiff Caterpillar Inc. (“Caterpillar”) hereby provides its
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`Third Amended Infringement Contentions to Plaintiff and Counterclaim-Defendant Wirtgen
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`America, Inc. (“Wirtgen America”) for U.S. Patent Nos. 7,523,995 (the “’995 Patent”) and
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`9,975,538 (the “’538 Patent”) (collectively, “Caterpillar Patents”):1
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`Asserted Patent
`’995 Patent
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`’538 Patent
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`Claim Chart(s)2
`Exhibit A (Slip Form Pavers)
`Exhibit B (Cold Planers)
`Exhibit C
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`Caterpillar contends that Wirtgen America, either alone or in conjunction with others, has
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`infringed and continues to infringe, directly and/or indirectly, at least the referenced claims of
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`the Caterpillar Patents under 35 U.S.C. § 271(a)-(c), by making, using, selling, and/or offering
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`1 Caterpillar reserves its right to appeal the Court’s summary judgment determination
`regarding U.S. Patent No. 9,371,618 and maintains its previous infringement contentions to the
`extent that the patent is remanded.
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`2 The claim charts have been designated “Highly Confidential – Outside Attorneys’ Eyes
`Only” based on quotations from documents designated as such by Wirtgen America.
`Caterpillar takes no position on whether those documents were properly designated.
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`-1-
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`Case 1:17-cv-00770-JDW Document 428-6 Filed 06/28/24 Page 3 of 5 PageID #: 39077
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`for sale in the United States and/or importing into the United States the following “Accused
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`Products”:
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`
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`’995 Patent: Wirtgen America’s paver machines and cold planer machines with
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`pivoting track units, including, without limitation, model numbers identified in
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`Exhibits A and B, to the extent made, used, sold, and/or offered for sale in the
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`United States and/or imported into the United States since at least October 14,
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`2015 (i.e., six years before the filing of Caterpillar’s Counterclaims on October
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`14, 2021) infringe claims 45, 49, 54, 57, 60, and 63.
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`
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`’538 Patent: Wirtgen America’s cold planer machines having a multi-speed
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`transmission, including, without limitation, model numbers identified in Exhibit
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`C, to the extent made, used, sold, and/or offered for sale in the United States
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`and/or imported into the United States since at least May 22, 2018 infringe claim
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`13.
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`Caterpillar’s Amended Infringement Contentions identify where each limitation of the
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`asserted claims of the Caterpillar Patents is met with respect to each Accused Product. Where
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`Caterpillar cites documents or other evidence in support of its infringement contentions,
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`Caterpillar has identified exemplary evidence for each claim limitation and reserves its right to
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`rely upon additional or alternative evidence as the case proceeds. Caterpillar has cited
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`representative portions of identified references for the Accused Products even where a particular
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`reference may contain additional examples of infringement for a claim element. Similarly,
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`Caterpillar has identified examples of product testing where such testing may provide additional
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`evidence of infringement. Where a claim element is implemented in the same or substantially
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`the same way for each product of an Accused Product family, Caterpillar provides an exemplary
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`-2-
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`Case 1:17-cv-00770-JDW Document 428-6 Filed 06/28/24 Page 4 of 5 PageID #: 39078
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`illustration or description setting forth specifically where the limitation is found in the Accused
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`Product, without necessarily repeating the same illustration or description for each version of
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`each Accused Product in the family. To the extent Caterpillar’s infringement contentions do not
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`cite support for each model, such an omission of evidence shall not be construed as an admission
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`of non-infringement or a waiver of the right to rely on such evidence at a later date.
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`Caterpillar contends that each element of each asserted claim is literally met with respect
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`to each Accused Product unless otherwise indicated. But to the extent that any claim element is
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`found not to be literally met with respect to the Accused Products, Caterpillar contends that the
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`element is met under the doctrine of equivalents because there are no substantial differences
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`between the element and the Accused Products, and the element and the Accused Products
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`perform substantially the same function, in substantially the same way, to achieve substantially
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`the same result.
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`Caterpillar’s Amended Infringement Contentions are based upon information reasonably
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`and presently available to Caterpillar through publicly available information and Wirtgen
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`America’s production of documents to date. Caterpillar’s investigation is ongoing and discovery
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`is not yet complete. For example, Wirtgen America’s document production remains deficient;
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`Caterpillar still expects to review source code for the Accused Products, and inspect the Accused
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`Products. Caterpillar reserves the right, consistent with the Federal Rules of Civil Procedure, the
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`Local Rules and Standing Orders of the District of Delaware, and the operative Scheduling Order,
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`to amend its infringement contentions to assert additional claims, additional accused products,
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`and update its infringement theories as additional evidence and information become available or
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`as otherwise appropriate, such as after any supplemental claim construction has taken place
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`-3-
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`Case 1:17-cv-00770-JDW Document 428-6 Filed 06/28/24 Page 5 of 5 PageID #: 39079
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`and/or in the event that discovery reveals additional evidence of infringement, or for any other
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`reason as permitted by the Court.
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`Dated: June 13, 2024
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`WILSON SONSINI GOODRICH & ROSATI, P.C.
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`By: /s/ Ryan R. Smith
`Ryan R. Smith
`Attorneys for Defendant Caterpillar Inc.
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`-4-
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