`
`Exhibit A
`Declaration of Caitlin Carter
`in Support of Motion to
`Dismiss
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`
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`Case 1:17-cv-00770-RGA-MPT Document 55-1 Filed 11/04/21 Page 2 of 3 PageID #: 9568
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-Defendant,
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`v.
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`CATERPILLAR INC.
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`Defendant/Counterclaim-Plaintiff.
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`C.A. No. 17-770-RGA
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`JURY TRIAL DEMANDED
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`DECLARATION OF CAITLIN CARTER
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`I, Caitlin Carter, declare as follows:
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`1. I am a paralegal at Patterson Intellectual Property Law, P.C., counsel for
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`Plaintiff/Counterclaim-Defendant Wirtgen America, Inc. (“Wirtgen America”) in this
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`action.
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`2. This declaration is made on my personal knowledge, and I am competent to testify on the
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`matters stated.
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`3. Defendant/Counterclaim-Plaintiff Caterpillar Inc. (“Caterpillar”) refers to a document
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`titled “W 210 Fi Brochure” in Exhibit 6 to Caterpillar’s Answer to Amended Complaint
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`and Counterclaims. See D.I. 43-1, at PageID #: 9453, 9474.
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`4. Caterpillar provides a link in D.I. 43-1 to the document titled “W 210 Fi Brochure.” The
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`link
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`to
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`the
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`“W
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`210
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`Fi
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`Brochure”
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`is
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`as
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`follows:
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`https://www.wirtgengroup.com/binary/full/o8200v77_W_brochure_W210Fi_USA_0419
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`_V3_US.pdf.
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`5. The document titled “W 210 Fi Brochure” is reproduced as Exhibit 1 to this declaration.
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`
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`Case 1:17-cv-00770-RGA-MPT Document 55-1 Filed 11/04/21 Page 3 of 3 PageID #: 9569
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`6.
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`I verify that Exhibit 1 is a true and correct copy of the document “W 210 Fi Brochure”
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`linked to in D.I. 43-1.
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`7. Caterpillar refers to a video titled “W 210 Fi Video” in Exhibit 6 to Caterpillar’s Answer
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`to Amended Complaint and Counterclaims. See D.I. 43-1, at PageID #: 9474.
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`8. Caterpillar provides a link in D.I. 43-1 to the video titled “W 210 Fi Video.” The link to
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`the “W 210 Fi Video” is as follows: https://youtu.be/Mw8e7nbDx7A.
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`9. Screenshots of the video titled “W 210 Fi Video” are reproduced as Exhibit 2 to this
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`declaration.
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`10. I verify that Exhibit 2 is a true and correct copy of screenshots from the video “W 210 Fi
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`Video” linked to in D.I. 43-1.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on
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`November 4, 2021, at Nashville, Tennessee.
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`____________________
`___________________________
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`Caitlin J. Carter
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