`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 17-770-JDW
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`WIRTGEN AMERICA, INC.,
`
`Plaintiff,
`
`v.
`
`CATERPILLAR INC.,
`
`Defendant.
`
`CATERPILLAR INC.’S CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS ON
`WIRTGEN’S FOURTH AFFIRMATIVE DEFENSE (PATENT INELIGIBILITY)
`
`Defendant and Counterclaim-Plaintiff Caterpillar, Inc. (“Caterpillar”) respectfully cross-
`
`moves under Fed. R. Civ. P. 12(c) on Plaintiff and Counterclaim-Defendant Wirtgen America,
`
`Inc.’s (“Wirtgen’s”) Fourth Affirmative Defense (D.I. 68 at 11) of Invalidity as to U.S. Patent No.
`
`9,975,538 (“the ’538 Patent”) under 35 U.S.C. § 101. Specifically, Wirtgen cannot show that
`
`Claim 13 of the ’538 Patent is both directed to an abstract idea and lacks an inventive concept.
`
`The bases for Caterpillar’s Cross-Motion are set forth in the accompanying Combined
`
`Memorandum of Points and Authorities.
`
`
`
`Case 1:17-cv-00770-JDW Document 417 Filed 06/18/24 Page 2 of 2 PageID #: 38698
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Bindu A. Palapura
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`Attorneys for Defendant Caterpillar Inc.
`
`OF COUNSEL:
`
`James C. Yoon
`Ryan R. Smith
`Christopher D. Mays
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Tel: (650) 493-9300
`
`Lucy Yen
`Cassie Leigh Black
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Tel: (212) 999-5800
`
`Matthew A. Macdonald
`Neil N. Desai
`Naoya Son
`Alex J. Turner
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`953 E. 3rd St., #100
`Los Angeles, California 90013
`Tel: (323) 210-2900
`
`Dated: June 18, 2024
`11569432/11898.00005
`
`- 2 -
`
`
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