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`Case 1:17-cv-00770-RGA Document 8-1 Filed 08/28/17 Page 1 of 104 PageID #: 2100
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`EXHIBIT A
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`EXHIBIT A
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
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`
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`Case No: _________________
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`JURY TRIAL DEMANDED
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`WIRTGEN AMERICA, INC.
`
`
`Plaintiff,
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`
`
`v.
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`CATERPILLAR PRODOTTI STRADALI
`S.R.L., CATERPILLAR BITELLI SPA,
`CATERPILLAR AMERICAS CV,
`CATERPILLAR PAVING PRODUCTS,
`INC., AND CATERPILLAR INC.,
`
`
`Defendants.
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`
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`COMPLAINT
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`Wirtgen America, Inc. (“Wirtgen America”) files this Complaint for patent
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`infringement against Caterpillar Prodotti Stradali S.r.L. (“Caterpillar Prodotti Stradali”),
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`Caterpillar Bitelli SpA (“Caterpillar Bitelli”), Caterpillar Americas CV (“Caterpillar
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`Americas”), Caterpillar Paving Products, Inc. (“Caterpillar Paving Products”), and
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`Caterpillar, Inc. (collectively, “Defendants” or “Caterpillar”), stating as follows:
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`THE PARTIES
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`1. Wirtgen America, Inc. is a Tennessee corporation with its principal place of
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`business at 6030 Dana Way, Antioch, Tennessee 37013-3116. Wirtgen distributes, inter
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`alia, cold milling machines throughout the United States.
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`2.
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`On information and belief, Caterpillar Prodotti Stradali is an Italian corporation
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`with its principal place of business at Via IV Novembre, 2, 40061 Minerbio BO, Italy.
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`1
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`17-cv-2085
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`Caterpillar Prodotti Stradali operates as a subsidiary of Caterpillar Inc. (See Exhibit 1,
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`Bloomberg.com company overview of Caterpillar Prodotti Stradali.)
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`3.
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`On information and belief, Caterpillar Bitelli is an Italian corporation also having
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`its principal place of business at Via IV Novembre, 2, 40061 Minerbio BO, Italy. On
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`information and belief, Caterpillar Bitelli is affiliated with Caterpillar Prodotti Stradali,
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`which was formerly known as Bitelli SpA before it was acquired by Caterpillar Inc. (See
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`Ex. 1.) Caterpillar Bitelli, however, continues to be listed as a separate entity from
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`Caterpillar Prodotti Stradali on importation records as of the date of this Complaint.
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`4.
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`On information and belief, Caterpillar Americas is a Swiss corporation having its
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`principal place of business at 76 Route de Frontenex Boite Postale 6000, 1211 Geneva,
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`Switzerland.
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`5.
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`On information and belief, Caterpillar Paving Products, Inc. is an Oklahoma
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`corporation with its principal place of business at 8401 85th Avenue North, Brooklyn
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`Park, Minnesota 55445.
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`6.
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`On information and belief, Caterpillar, Inc. is a Delaware corporation with its
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`principal place of business at 100 NE Adams Street, Peoria, Illinois 61629.
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`7.
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`On information and belief, Caterpillar Inc. is also the parent company of the four
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`other named Defendants.
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`JURISDICTION AND VENUE
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`8.
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`This Complaint for patent infringement arises under the patent laws of the United
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`States, Title 35, United States Code, and this court has jurisdiction over those claims
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`pursuant to 28 U.S.C. § 1338, which directs that United States District Courts shall have
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`2
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`original jurisdiction of any civil action arising under any Act of Congress relating to
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`patents, and pursuant to 28 U.S.C. § 1331, which pertains to civil actions arising under
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`the laws of the United States.
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`9.
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`Personal jurisdiction over Caterpillar Prodotti Stradali is proper in this District
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`because, on information and belief, Caterpillar Prodotti Stradali and Caterpillar Bitelli,
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`are one and the same. (See Ex. 1.) Import records also show that Caterpillar Prodotti
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`Stradali and Caterpillar Bitelli operate out of the same address, 2 Via IV Novembre in
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`Minerbio, Italy. (See Exhibit 2, Panjiva Import Records.)
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`10.
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`Personal jurisdiction over Caterpillar Bitelli is proper in this District. On
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`information and belief, Caterpillar Bitelli sells infringing products to Caterpillar Paving
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`Products, which has its principal place of business in this District. Therefore, this Court
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`has personal jurisdiction over Caterpillar Bitelli pursuant to Minnesota’s long-arm
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`statute, Minn. Stat. 543.19, which provides for personal jurisdiction over a foreign
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`corporation that transacts any business within the state or commits any act in Minnesota
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`causing injury or property damage and because assertion of personal jurisdiction
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`comports with the due process requirements of the Constitution.
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`11.
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`Personal jurisdiction over Caterpillar Americas is proper in this District. On
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`information and belief, Caterpillar Americas sells infringing products to Caterpillar
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`Paving Products, which has its principal place of business in this District. Therefore, this
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`Court has personal jurisdiction over Caterpillar Americas pursuant to Minnesota’s long-
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`arm statute, Minn. Stat. 543.19, which provides for personal jurisdiction over a foreign
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`corporation that transacts any business within the state or commits any act in Minnesota
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`3
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`causing injury or property damage and because assertion of personal jurisdiction
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`comports with the due process requirements of the Constitution.
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`12.
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`Personal jurisdiction over Caterpillar Paving Products is proper in this District. On
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`information and belief, Caterpillar Paving Products maintains its principal place of
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`business in this District, regularly conducts business in this District, and has committed
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`acts of infringement in this District. On further information and belief, Caterpillar Paving
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`Products has facilitated the importation of infringing products into the United States and
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`sold infringing products to Caterpillar dealers throughout the United States, all from its
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`principal place of business in this District.
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`13.
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`Personal jurisdiction over Caterpillar Inc. is proper in this District. On information
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`and belief, Caterpillar Inc. has a regular and established place of business in this District
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`at 11601 93rd Avenue North, Maple Grove, Minnesota 55369. For example, a 2010
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`article in the Minneapolis/St. Paul Business Journal states that “Caterpillar Inc. will lease
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`117,000 square feet of warehouse space in Maple Grove” at “11601 93rd Ave. N, near
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`Highway 81.” (See Exhibit 3.) The sign for that location and the building itself bear only
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`the Caterpillar logo, a registered trademark owned by Caterpillar Inc. (MG_4929.JPG and
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`MG_4931.JPG; see Exhibit 4, Affidavit of Michael Grostyan.)
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`4
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`On further information and belief, Caterpillar Inc. is registered to do business in this
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`District and has designated a registered agent for service of process located at 1010 Dale
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`Street North, St. Paul, Minnesota 55117.
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`14. On information and belief, Caterpillar Inc. facilitates the sales transactions
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`between its dealers and Caterpillar Paving Products. On information and belief, absent a
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`dealership agreement with Caterpillar Inc., dealers cannot purchase infringing products
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`from Caterpillar Paving Products.
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`15. On further information and belief, Caterpillar Inc. directs the concerted efforts of
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`Caterpillar Prodotti Stradali, Caterpillar Bitelli, Caterpillar Americas, and Caterpillar
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`Paving Products to effect the manufacture, importation, and sale of infringing products.
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`For example, Mr. Paul Clark’s LinkedIn page at https://www.linkedin.com/in/paul-clark-
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`5
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`b25107a/ holds him out as the Global Product Manager of the Caterpillar Paving
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`Products Division of Caterpillar Inc. It explains that he has “[f]ull P&L responsibility for
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`Caterpillar’s soil compaction and asphalt product lines headquartered in Minneapolis
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`with manufacturing facilities in Minnesota, Italy, and China.” In a recent video interview
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`discussing
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`the machines
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`at
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`issue
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`in
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`this
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`action,
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`available
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`at
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`https://www.youtube.com/watch?v=x1GGsaIgFPE, Mr. Clark is also held out “General
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`Manager of Global Paving Caterpillar.”
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`His business card lists his title as WW Products Manager-Paving Products with his
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`address at Caterpillar Inc., 11601 93rd Avenue North, Maple Grove, Minnesota 55369.
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`16. On information and belief, Caterpillar Inc.’s Maple Grove facility serves as a
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`marketing facility for Caterpillar Paving Products’ machines, including infringing
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`products, complete with a 60,000-square-foot showroom/warehouse. (See Exhibit 5,
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`NELSON website printout.) Caterpillar Inc. has at least one infringing product, a PM620
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`machine, on display, as demonstrated by the photos below, taken standing outside of its
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`Maple Grove facility on May 29, 2017. (MG_4929.JPG and MG_4931.JPG; see Ex. 4.)
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`7
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`8
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`On information and belief, Caterpillar Inc. had to drive the infringing PM620 machine
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`into its Maple Grove facility. Such use infringed at least one or more claims of U.S.
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`Patent Nos. 7,828,309 and/or 8,118,316.
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`17. Caterpillar Inc. also owns several trademark registrations for trademarks
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`associated with infringing products either through display directly on infringing products
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`or in video and print advertisements for infringing products. For example, Caterpillar Inc.
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`owns U.S Trademark Registration No. 4,804,266 for:
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`;
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`U.S. Trademark Registration No. 3,750,812 for:
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`U.S. Trademark Registration No. 2,448,848, for:
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`;
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`;
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`and U.S. Trademark Registration No. 4,676,117, for:
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`9
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`On information and belief, the goodwill associated with these trademarks is being used to
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`advertise and sell infringing products with the permission of and at the direction of
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`Caterpillar Inc.
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`18. Accordingly, this Court has personal jurisdiction over Caterpillar Inc. pursuant to
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`Minnesota’s long-arm statute, Minn. Stat. 543.19, which provides for personal
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`jurisdiction over a foreign corporation that transacts any business within the state or
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`commits any act in Minnesota causing injury or property damage and because assertion
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`of personal jurisdiction comports with the due process requirements of the Constitution.
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`19. Venue is proper pursuant to 28 U.S.C. § 1391(c) with respect to Caterpillar
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`Prodotti Stradali, Caterpillar Bitelli, and Caterpillar Americas because they are foreign
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`corporations that do not reside in the United States.
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`20. Venue is proper pursuant to 28 U.S.C. § 1400(b) with respect to Caterpillar Paving
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`Products and Caterpillar Inc. because they have committed acts of infringement in this
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`District and they have regular and established places of business in this District.
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`Overview
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`FACTS
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`21.
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`Since opening its headquarters in the Nashville, Tennessee area in 1985, Wirtgen
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`America has been an innovator in the heavy equipment sector, and has established itself
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`as “a powerhouse of economic input” in both the local and national economies. (See
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`Exhibit 6 (2016 Nashville Chamber of Commerce Article, “Wirtgen America
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`10
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`Contribution and Impact Analysis”).) For over 30 years, Wirtgen America’s business has
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`centered around the advancement, education, and implementation of cold milling
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`technology within the U.S.
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`22. Cold milling technology, and the road milling machines implementing this
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`technology, offer a solution for quickly and efficiently rehabilitating road surfaces.
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`Wirtgen America’s road milling machines have been overwhelmingly adopted in the road
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`resurfacing industry because of their superior performance. In fact, Wirtgen-brand road
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`milling machine sales have long since accounted for a large majority of the U.S. market.
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`23.
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`The market success and superior performance of Wirtgen America’s road milling
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`machines are byproducts of the technological innovations of Wirtgen America and its
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`related entities over the past several decades. These innovations began with Wirtgen
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`America’s affiliated company, Wirtgen GmbH, developing its first cold milling machine
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`for road resurfacing in 1979, and have been continued by Wirtgen America through
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`today.
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`24. Wirtgen America owns several patents covering various aspects of its innovative
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`road milling machines, including those asserted in this Complaint (“Asserted Patents”).
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`The Asserted Patents are directed towards key features that have been incorporated into
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`Wirtgen America’s road milling machines that include, for example, the Wirtgen W 200i,
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`W 200 Hi, W 210i, W 220, W 220i, W 250i, W 2200, W 50, W 50 Dci, W 50 Ri, W 60
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`Ri, W 60i, W 100i, W 100 Fi, W 120 Fi, W 100 CFi, W 120 CFi, W 130 CFi, W 150i,
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`and W 150 CFi. These features have contributed to Wirtgen’s success and have allowed
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`Wirtgen to establish itself as not only a market leader but also as a respected educator
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`11
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`within the road resurfacing industry. The Wirtgen model W 200i pictured below is
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`exemplary of the Wirtgen cold milling machines.
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`25.
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`In contrast to Wirtgen America, Defendants have historically been only a minor
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`player in the U.S. road milling industry—having a market share of less than 10%. But
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`recently, Defendants decided to refocus their efforts and emphasize the U.S. road milling
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`market. On information and belief, Defendants’ recent shift in philosophy was sparked by
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`a desire to capture Wirtgen America’s market share. On further information and belief,
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`Defendants’ decision coincided with Defendants’ purchase, and subsequent analysis, of a
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`Wirtgen-brand road milling machine. On yet further information and belief, following
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`Defendants’ dissection of the Wirtgen-brand road milling machine, Defendants began
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`importing certain road milling machines that included Wirtgen America’s patented
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`technology, the PM600 Series (e.g., PM620 and PM622 models) and the PM800 Series
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`12
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`(e.g., PM820, PM822, and PM825 models) (collectively, the “Infringing Products”), into
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`the United States.
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`Wirtgen America’s Patents
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`26. Wirtgen America is the owner of six patent families comprising twelve patents
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`being asserted in this action.
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`Count
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`Family
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`Full
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`1
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`Four-way
`Floating
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`2
`Driving Backwards
`3
`Path Measurement
`4
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`5
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`6
`Sensor Switching
`7
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`8
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`9
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`10
`11 Auxiliary Drive
`12
`Pivoting Scraper
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`U.S.
`Patent
`7,828,309
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`8,118,316
`7,530,641
`8,113,592
`9,010,871
`9,656,530
`8,308,395
`7,946,788
`8,511,932
`8,690,474
`9,624,628
`9,644,340
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`27. Wirtgen America is the owner of U.S. Patent No. 7,828,309 (“the ’309 patent”),
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`entitled “Road-building machine.” The ’309 patent is generally directed to road-building
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`machines that have a chassis with four ground engaging supports and four working
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`cylinders connecting the ground engaging supports whereby coordinated height
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`adjustment of the ground engaging supports provides improved stability and improved
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`milling quality. A copy of the ’309 patent is attached hereto as Exhibit 7.
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`28.
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`The inventions disclosed and claimed in the ’309 patent are road-building
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`machines as described above wherein the working cylinders are positively coupled to one
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`13
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`another such that, for example, the left front wheel or track and the right rear wheel or
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`track are adjusted in height in the opposite direction to the right front wheel or track and
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`left rear wheel or track, the left front wheel or track and the right rear wheel or track
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`being adjusted in height in the same direction. Thus, these machines essentially operate
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`using a floating mount of both the front and rear axle, thereby improving the
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`compensation of both transverse inclination of the road-building machines and
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`unevenness in their longitudinal direction. Consequently, the permissible height of an
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`obstacle which can be driven over by only one wheel of the machine is significantly
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`increased.
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`29. Wirtgen America is the owner of U.S. Patent No. 8,118,316 (“the ’316 patent”),
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`entitled “Operational methods for a road-building machine.” The ’316 patent is a
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`continuation of the ’309 patent and is generally directed to methods of operating the road-
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`building machines described in the ’309 patent. A copy of the ’316 patent is attached
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`hereto as Exhibit 8.
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`30. Wirtgen America is the owner of U.S. Patent No. 7,530,641 (“the ’641 patent”),
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`entitled “Automotive construction machine, as well as method for working ground
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`surfaces.” The ’641 patent is generally directed to road-building machines with a
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`monitoring device that senses the distance between the milling drum and the ground
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`surface and, when the machine is traveling in the same direction of the rotation of the
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`milling drum, triggers a safety mechanism to prevent contact of the milling drum with the
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`ground surface. A copy of the ’641 patent is attached hereto as Exhibit 9.
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`31.
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`The inventions disclosed and claimed in the ’641 patent are road-building
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`machines as described above wherein the monitoring device, upon sensing potential
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`engagement of the ground surface by the rotating milling drum while raised, uncouples
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`the raised milling drum from the drive engine and/or uncouples the traveling devices
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`from the drive engine and/or raises the machine frame and/or generates an alarm signal.
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`Thus, the milling drum can remain coupled with the drive engine throughout an
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`operation, even when not working the ground surface, without risk of the milling drum
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`being damaged or
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`the road-building machine being accelerated suddenly and
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`uncontrollably upon inadvertent engagement of the milling drum with the ground surface.
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`This reduces the time required for working a pre-determined ground space by avoiding
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`the need to uncouple the milling drum from the drive engine before traveling in reverse,
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`bring the drive engine down to idle speed to recouple the milling drum, and then bring
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`the drive engine back to operating speed after recoupling.
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`32. Wirtgen America is the owner of U.S. Patent No. 8,113,592 (“the ’592 patent”),
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`entitled “Automotive construction engine and lifting column for a construction engine.”
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`The ’592 patent is generally directed to road-building machines with measuring devices
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`that determine the height of the machine frame relative to the ground engaging supports
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`by measuring the lifting state of the lifting columns connecting the machine frame to the
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`ground engaging supports. A copy of the ’592 patent is attached hereto as Exhibit 10.
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`33.
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`The inventions disclosed and claimed in the ’592 patent are road-building
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`machines as described above wherein each height-adjustable lifting column is provided
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`with a measuring device for measuring the current lifting state of the lifting column, the
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`measuring device is coupled with elements of the lifting column in such a manner that a
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`path signal pertaining to the lifting position of each column is continuously detectable by
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`the measuring device, and that a controller receiving the measured path signals from the
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`measuring devices regulates the lifting state of the lifting columns. Thus, the invention
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`provides for positions of the lifting columns to be adjusted in a regulated manner.
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`34. Wirtgen America is the owner of U.S. Patent No. 9,010,871 (“the ’871 patent”),
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`entitled “Automotive construction machine, as well as lifting column for a construction
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`machine.” The ’871 patent claims priority to the ’592 patent and is generally directed to
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`the same subject matter. The inventions of the ’871 patent include both automotive
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`construction machines and methods of using such machines. A copy of the ’871 patent is
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`attached hereto as Exhibit 11.
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`35. Wirtgen America is the owner of U.S. Patent No. 9,656,530 (“the ’530 patent”),
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`entitled “Automotive construction machine, as well as lifting column for a construction
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`machine.” The ’530 patent claims priority to the ’592 patent and is generally directed to
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`the same subject matter. The inventions of the ’530 patent are directed to automotive
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`construction machines. A copy of the ’530 patent is attached hereto as Exhibit 12.
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`36. Wirtgen America is the owner of U.S. Patent No. 7,946,788 (“the ’788 patent”),
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`entitled “Road construction machine, leveling device, as well as method for controlling
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`the milling depth or milling slope in a road construction machine.” The ’788 patent is
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`generally directed to road construction machines with a leveling device provided with an
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`indication and setting device capable of indicating and altering the data of a current or
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`pre-selected sensor of milling depth or slope and a switchover device capable of
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`16
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`switching over from the current sensor to the pre-selected sensor during the milling
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`operation without any repercussion on the work result. It is also directed to methods of
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`using the same. A copy of the ’788 patent is attached hereto as Exhibit 13.
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`37.
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`The inventions disclosed and claimed in the ’788 patent are road-building
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`machines as described above wherein the leveling system comprises a plurality of
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`selectable sensors for sensing milling depth and/or slope, a controller operable to control
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`the milling depth and/or slope based on set values and sensed current actual values, and a
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`switchover device operable to switch over from control based upon a first subset of
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`sensors to a second, different subset of sensors without affecting the milling operation.
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`This avoids faults in the work result or, alternatively, the need to halt the milling
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`operation in order to switch the sensors being used to maintain a particular milling depth
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`and/or slope, which itself can cause an adverse effect when the milling drum cuts clear
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`while standing.
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`38. Wirtgen America is the owner of U.S. Patent No. 8,308,395 (“the ’395 patent”),
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`entitled “Automotive construction machine, as well as method for working ground
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`surfaces.” The ’395 patent claims priority to the ’788 patent and is generally directed to
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`the same subject matter. A copy of the ’395 patent is attached hereto as Exhibit 14.
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`39. Wirtgen America is the owner of U.S. Patent No. 8,511,932 (“the ’932 patent”),
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`entitled “Automotive construction machine, as well as method for working ground
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`surfaces.” The ’932 patent claims priority to the ’788 and ’395 patents and is generally
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`directed to the same subject matter. A copy of the ’932 patent is attached hereto as
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`Exhibit 15.
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`40. Wirtgen America is the owner of U.S. Patent No. 8,690,474 (“the ’474 patent”),
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`entitled “Automotive construction machine, as well as method for working ground
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`surfaces.” The ’474 patent claims priority to the ’788, ’395, and ’932 patents and is
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`generally directed to the same subject matter. A copy of the ’474 patent is attached
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`hereto as Exhibit 16.
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`41. Wirtgen America is the owner of U.S. Patent No. 9,624,628 (“the ’628 patent”),
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`entitled “Auxiliary drive.” The ’628 patent is generally directed to construction machines
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`for the treatment of ground surfaces that have a work drum driven by a work motor via a
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`transmission including a belt drive and a reduction gear. An auxiliary drive can be
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`coupled to the work drum via at least a portion of the transmission to rotate the work
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`drum. A copy of the ’628 patent is attached hereto as Exhibit 17.
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`42.
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`The inventions disclosed and claimed in the ’628 patent are construction machines
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`as described above wherein the auxiliary drive remains mounted to the construction
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`machine and has at least two configurations, one in which the auxiliary drive motor is
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`coupled to the work drum and one in which the work drum can be rotated by the work
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`motor. This can reduce the required time for the exchange of the tools of the work drum
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`because the auxiliary drive can be actuated by the operating person at the site of the work
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`drum.
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`43. Wirtgen America is the owner of U.S. Patent No. 9,644,340 (“the ’340 patent”),
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`entitled “Scraper device, as well as construction machine.” The ’340 patent is generally
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`directed to construction machines with a two-part scraper blade arranged in a height-
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`adjustable fashion behind a milling drum, wherein the scraper blade is attached, at the
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`18
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`upper end, to swivel about a swiveling axis parallel to the axis of the milling drum. A
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`copy of the ’340 patent is attached hereto as Exhibit 18.
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`44.
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`The inventions disclosed and claimed in the ’340 patent are construction machines
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`as described above wherein the scraper blade is swiveled about the swiveling axis by
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`extension of a swiveling actuator connected between the upper part of the scraper blade
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`and a fixed part fixed relative to the machine frame. This arrangement enables both a
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`large swiveling angle and a small swiveling radius, thereby realizing a low design height
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`and saving space.
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`Caterpillar’s Infringing Products
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`45.
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`Since the introduction of the Infringing Products, Defendants have imported at
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`least thirty-three (33) units of the Infringing Products into the United States. U.S.
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`Customs import records indicate that twenty-two (22) PM 622 machines have been
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`imported into the United States between May 8, 2016, and November 17, 2016. (See Ex.
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`2.) Those records further indicate that thirteen (13) PM 620 machines have been imported
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`into the United States between April 29, 2016, and October 31, 2016. (See id.)
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`46. Upon information and belief, Caterpillar Prodotti Stradali manufactures and sells
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`the Accused Products for importation into the United States. For example, Caterpillar
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`Prodotti Stradali manufactures cold planer machines and is based in Minerbio, Italy. (See
`
`Ex. 1.)
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`47. Caterpillar Prodotti Stradali was formerly known as Caterpillar Bitelli before
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`changing its name to Caterpillar Prodotti Stradali as a result of its acquisition by
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`Caterpillar Inc. (See id.) Import records show that Caterpillar Bitelli and Caterpillar
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`19
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`Prodotti Stradali operate out of the same address, 2 Via IV Novembre in Minerbio, Italy.
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`(See Ex. 2.) On information and belief, Caterpillar Prodotti Stradali and Caterpillar Bitelli
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`are one and the same.
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`48. Caterpillar Bitelli and Caterpillar Americas import the Infringing Products into the
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`United States. U.S. customs import records indicate that Caterpillar Bitelli was the
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`shipper of eight (8) PM 622 machines and two PM 620 machines and that Caterpillar
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`Americas was the shipper of one (1) PM 620 machine. (See Ex. 2.)
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`49. Caterpillar Paving Products facilitates importation of the Infringing Products. U.S.
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`customs import records identify Caterpillar Paving Products as the consignee of eleven
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`(11) PM 622 machines and two (2) PM 620 machines. (See id.)
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`50. Caterpillar Paving Products further distributes the Infringing Products in the
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`United States after importation. UCC filings indicate that Defendants sold at least nine
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`(9) PM 622 machines between June 15, 2016, and March 29, 2017, and at least three (3)
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`PM 620 machines between June 28, 2016 and March 16, 2017. (See Exhibit 19, UCC
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`Filing Records.) Furthermore, the badge on a PM622 observed near El Paso, Texas
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`indicated that the PM622 was made in Italy and distributed by Caterpillar Paving
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`Products Inc.
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`20
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`51. On information and belief Caterpillar Inc. directs and coordinates Defendants’
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`activities, including the importation into the United States of the Infringing Products.
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`U.S. import records identify Caterpillar Inc. as the global headquarters for each
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`importation discussed above with respect to Caterpillar Prodotti Stradali, Caterpillar
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`Bitelli, Caterpillar Americas, and Caterpillar Paving Products. On further information and
`
`belief, Caterpillar Inc. also distributes the Infringing Products in the United States after
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`importation. The badge on a PM822 observed in the United States indicated that the
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`PM822 was made in Italy and distributed by Caterpillar Inc.
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`21
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`52.
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`In summary, on information and belief, Caterpillar Prodotti Stradali/Caterpillar
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`Bitelli manufactures the Infringing Products and either import the products into the
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`United States or sell the Infringing Products to Caterpillar Americas which then imports
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`the Infringing Products into the United States. The Infringing Products are imported for
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`sale to Caterpillar Paving Products.
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`53. On information and belief, Caterpillar Inc. enters into agreements with local
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`dealers around the country, whereby Caterpillar Inc. permits the local dealers to purchase
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`the Infringing Products at wholesale prices. On further information and belief, Caterpillar
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`Inc. has an agreement with a Minnesota dealer, Ziegler, Inc., which has at least fifteen
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`(15) brick and mortar locations in Minnesota. On further information and belief, a dealer
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`may purchase an Infringing Product at the wholesale price by placing an order with
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`Caterpillar Paving Products. On yet further information and belief, Caterpillar Paving
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`Products then facilitates delivery of the Infringing Product to the local dealer for retail
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`sale to customers.
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`54. Defendants’ Infringing Products include functionality that infringes Wirtgen
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`America’s patented technology. For example, each of the Infringing Products includes:
`
`(1) a