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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,
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`v.
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`CATERPILLAR INC.,
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`Defendant.
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`Case No. 1:17-cv-00770-JDW
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`ORDER
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`AND NOW, this 26th day of January, 2023, following a hearing with counsel for
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`both Parties, it is ORDERED as follows.
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`1.
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`Wirtgen America, Inc.’s Motion to Compel Compliance with Third-Party
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`Subpoena to Caterpillar Trimble Control Technologies LLC (“CTCT”) (D.I. 134) is
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`GRANTED on the terms set forth on the record on January 25, 2023. On or before
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`February 10, 2023, CTCT shall provide Wirtgen America Inc. a list of documents, with
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`corresponding bates numbers, that Caterpillar Inc. has produced in this case and that
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`are responsive to the subpoena, with an identification of the specific specification(s) in
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`the subpoena to which each group of documents is response. In addition, CTCT shall
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`also either confirm that Wirtgen America Inc. may use the materials produced in
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`previous litigation before the International Trade Commission without violating the
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`protective order entered in that proceeding or reproduce the same materials.
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`Case 1:17-cv-00770-JDW-MPT Document 143 Filed 01/26/23 Page 2 of 3 PageID #: 15089
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`2.
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`Wirtgen America, Inc.’s Motion to Modify the Scheduling Order (D.I. 139) is
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`GRANTED on the terms agreed to by the Parties on the record on January 25, 2023. The
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`Court’s prior Scheduling Order (D.I. 28) is AMENDED as follows:
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`a.
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`A maximum of 150 requests for admission are permitted for each
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`side, excluding requests exclusively for document authentication purposes;
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`b.
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`A maximum of 40
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`interrogatories,
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`including
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`contention
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`interrogatories, are permitted for each side;
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`c.
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`Depositions taken pursuant to Federal Rule of Civil Procedure
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`30(b)(6) are limited to 20 hours; and
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`d.
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`Each side is limited to a total of 125 hours of taking testimony of
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`fact witnesses by deposition upon oral examination.
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`3.
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`The Court will hold a telephone status conference on February 10, 2023, at
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`4:00 p.m. EDT. The Court will provide the parties a dial-in number in advance of that call.
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`During that conference, the Parties shall be prepared to discuss the status of third-party
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`discovery and to what extent the Court should limit the number of claims that the
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`Parties can assert in their infringement contentions. If the parties have reached
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`agreement on these matters the conference will be cancelled. If the parties have not
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`reached agreement on these matters, they shall send a joint letter to the Court on or
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`before February 8, 2023, outlining the Parties disputes.
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`2
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`Case 1:17-cv-00770-JDW-MPT Document 143 Filed 01/26/23 Page 3 of 3 PageID #: 15090
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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`3
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