Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 1 of 6 PageID #: 39253
`Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 1 of 6 PagelD #: 39253
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 1 of 6 PagelD #: 39253
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 2 of 6 PageID #: 39254
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Ryan D. Levy <rdl@iplawgroup.com>
`Monday, April 24, 2023 6:35 PM
`Mays, Christopher
`Smith, Ryan; Wirtgen Matter; Wirtgen DCT Lit; WSGR - Caterpillar Litigation
`Re: Wirtgen America v. CAT: Machine Inspection
`
`EXT - rdl@iplawgroup.com
`
`Hi Chris-
`
`Yes it will be. Would a 9:30am Central start work?
`
`Ryan D. Levy
`
`On Apr 24, 2023, at 17:49, Mays, Christopher <cmays@wsgr.com> wrote:
`
`Hi Ryan,
`
`Confirming this Friday’s inspection. It will be at CTT, correct?
`
`Best,
`
`Chris
`
`Christopher D. Mays | WSGR | 650.849.3088 | cmays@wsgr.com
`
`From: Ryan D. Levy <rdl@iplawgroup.com>
`Sent: Friday, April 21, 2023 10:10 AM
`To: Mays, Christopher <cmays@wsgr.com>
`Cc: Smith, Ryan <rsmith@wsgr.com>; Wirtgen Matter <wirtgen1-litigation@iplawgroup.com>; Wirtgen
`DCT Lit <Wirtgendctlit@sternekessler.com>; WSGR - Caterpillar Litigation <caterpillar@wsgr.com>
`Subject: RE: Wirtgen America v. CAT: Machine Inspection
`
`EXT - rdl@iplawgroup.com
`
`Hi Chris-
`
`A W210 Fi is available next Friday, April 28 in Nashville. Please confirm that you will plan to visit that
`day.
`
`1
`
`
`
`Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 3 of 6 PageID #: 39255
`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: Mays, Christopher <cmays@wsgr.com>
`Sent: Wednesday, April 19, 2023 6:49 PM
`To: Ryan D. Levy <rdl@iplawgroup.com>
`Cc: Smith, Ryan <rsmith@wsgr.com>; Wirtgen Matter <wirtgen1-litigation@iplawgroup.com>; Wirtgen
`DCT Lit <Wirtgendctlit@sternekessler.com>; WSGR - Caterpillar Litigation <caterpillar@wsgr.com>
`Subject: Re: Wirtgen America v. CAT: Machine Inspection
`
`sophospsmartbannerend Hi Ryan,
`
`Yes we will want to be able to see it in operation. Thank you for your efforts.
`
`Best,
`
`Chris
`
`Sent from my iPad
`
`On Apr 19, 2023, at 4:47 PM, Ryan D. Levy <rdl@iplawgroup.com> wrote:
`
`EXT - rdl@iplawgroup.com
`
`Hi Chris-
`
`Part of the challenge has been trying to figure out where demo machines will be
`that WA can use for inspection. Am I correct that you will want to see the
`machine in operation?
`
`There might be one available the end of next week, I just don’t have confirmation
`yet.
`
`Ryan D. Levy
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 4 of 6 PageID #: 39256
`
`On Apr 19, 2023, at 18:19, Mays, Christopher
`<cmays@wsgr.com> wrote:
`
`sophospsmartba nnere nd Hi Ryan,
`
`Following up on this. It’s been two weeks but we have not received any
`dates for the inspection. Please advise when our expert can view the W
`210 Fi.
`
`Best,
`
`Chris
`
`Christopher D. Mays | WSGR | 650.849.3088 | cmays@wsgr.com
`
`From: Mays, Christopher
`Sent: Friday, April 7, 2023 10:53 AM
`To: Ryan D. Levy <rdl@iplawgroup.com>
`Cc: Smith, Ryan <rsmith@wsgr.com>; Wirtgen Matter <wirtgen1-
`litigation@iplawgroup.com>; Wirtgen DCT Lit
`<Wirtgendctlit@sternekessler.com>; WSGR - Caterpillar Litigation
`<caterpillar@wsgr.com>
`Subject: Re: Wirtgen America v. CAT: Machine Inspection
`
`Hi Ryan,
`
`Dr. Sorini was not signed onto the case during the last inspection
`and has requested an opportunity to review the W 210 Fi. Can you
`please let us know if one is available to inspect?
`
`Best,
`
`Chris
`
`On Apr 6, 2023, at 2:58 PM, Ryan D. Levy
`<rdl@iplawgroup.com> wrote:
`
`EXT - rdl@iplawgroup.com
`
`Hi Chris-
`
`Most of the machines that were in Nevada have been
`sold. I can look into scheduling a visit at Wirtgen
`America, but availability of machines is always
`changing. Is there something in particular you did not
`
`3
`
`
`
`Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 5 of 6 PageID #: 39257
`
`see during the two days of inspection earlier with
`regard to the SP 94i and W210Fi? Possibly something
`we can agree to via email?
`
`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: Mays, Christopher <cmays@wsgr.com>
`Sent: Thursday, April 6, 2023 1:54 PM
`To: Smith, Ryan <rsmith@wsgr.com>; Wirtgen Matter
`<wirtgen1-litigation@iplawgroup.com>; Wirtgen DCT Lit
`<Wirtgendctlit@sternekessler.com>
`Cc: WSGR - Caterpillar Litigation
`<caterpillar@wsgr.com>
`Subject: RE: Wirtgen America v. CAT: Machine
`Inspection
`
`sophospsmartba nnere nd Dear Counsel:
`
`I do not believe we received a response to this
`email. Can you please get back to us?
`
`Regards,
`
`Chris
`
`Christopher D. Mays | WSGR | 650.849.3088 |
`cmays@wsgr.com
`
`From: Smith, Ryan <rsmith@wsgr.com>
`Sent: Saturday, March 25, 2023 6:49 AM
`To: wirtgen1-litigation@iplawgroup.com; Wirtgen DCT
`Lit <Wirtgendctlit@sternekessler.com>
`Cc: WSGR - Caterpillar Litigation
`<caterpillar@wsgr.com>
`Subject: Wirtgen America v. CAT: Machine Inspection
`
`4
`
`
`
`Case 1:17-cv-00770-JDW Document 438-3 Filed 07/25/24 Page 6 of 6 PageID #: 39258
`
`Dear Counsel,
`
`We wanted to follow-up regarding the previously
`discussed machine inspection of certain Wirtgen
`machines (SP 94i, W210 Fi, and W250 Fi) in Nevada. We
`are available for these inspections next week (March
`27-March 31) or the week after. Please let us know
`what works on your end.
`
`Thank you,
`Ryan
`
`Ryan Smith
`Wilson Sonsini
`Cell: 650.269.0822
`
`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.
`
`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.
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
