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Case 1:17-cv-00770-JDW Document 449 Filed 08/21/24 Page 1 of 1 PageID #: 40721
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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 21st day of August, 2024, upon consideration of Defendant
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`Caterpillar, Inc.’s Motion Regarding Estoppel Defenses (D.I. 364), it is ORDERED as follows:
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`1.
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`The Motion is DENIED to the extent that Caterpillar asserts equitable defenses
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`pertaining to the U.S. Patent No. 7,828,309, U.S. Patent No. 9,656,530, and U.S. Patent No.
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`7,946,788; and
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`2.
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`The Motion is DENIED WITHOUT PREJUDICE to the extent that Caterpillar
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`asks me to find that U.S. Patent No. RE48,268 Patent is unenforceable.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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