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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 1st day of April, 2024, upon consideration of the Parties’ letters
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`regarding scheduling as to U.S. Patent Nos. 7,523,995 and 9,975,538 (D.I. Nos. 350, 356,
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`357, 359) and following a telephone conference with counsel for the Parties, it is
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`ORDERED as follows.
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`1.
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`2.
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`The stay with respect to the ‘995 and ‘538 Patents is lifted;
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`The Parties shall proceed with supplemental fact discovery to update their prior
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`responses and to meet and confer concerning a possible machine inspection; and
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`3.
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`A telephone conference is scheduled for Friday, June 14, 2024, at 4:00 PM ET
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`regarding the status of any proceedings before the USPTO and the need for expert discovery.
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`It is FURTHER ORDERED that pursuant to counsel’s representations during the
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`telephone conference, all claims relating to U.S. Patent Nos. 8,113,592 and 9,010,871 are
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`DISMISSED WITH PREJUDICE, pursuant to Federal Rule of Civil Procedure 41.1(a)(2).
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`Case 1:17-cv-00770-JDW Document 360 Filed 04/01/24 Page 2 of 2 PageID #: 32574
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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