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Case 1:17-cv-00770-JDW Document 454 Filed 09/04/24 Page 1 of 2 PageID #: 40741
`
`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.
`
`STIPULATION AND [PROPOSED] ORDER
`
`IT IS HEREBY STIPULATED AND AGREED by the parties, subject to the approval of
`
`the Court, that the following schedule shall apply with respect to the ’995 and ’538 Patents:
`
`Deadline
`
`Opening Expert Reports
`
`Rebuttal Expert Reports
`
`Reply Expert Reports
`
`Expert Discovery Cutoff
`
`Current Date
`
`Sep. 10, 2024
`
`Oct. 8, 2024
`
`Oct. 29, 2024
`
`Dec. 6, 2024
`
`M&C to Narrow Potential Motions
`
`Dec. 13, 2024
`
`Exchange Statement of Undisputed
`Facts
`
`Jan. 6, 2025
`
`Exchange Responsive Fact Statements
`
`Jan. 17, 2025
`
`Exchange Reply Fact Statements
`
`Jan. 24, 2025
`
`Dispositive / Daubert Opening Briefs
`
`Jan. 31, 2025
`
`Dispositive / Daubert Answering Briefs
`
`Feb. 21, 2025
`
`Dispositive / Daubert Reply Briefs
`
`Mar. 7, 2025
`
`Pretrial Conference
`
`Jury Trial
`
`TBD
`
`TBD
`
`Proposed Date
`
`Sep. 24, 2024
`
`Oct. 22, 2024
`
`Nov. 12, 2024
`
`Dec. 20, 2024
`
`Jan. 6, 2025
`
`Jan. 13, 2025
`
`Jan. 24, 2025
`
`Jan. 31, 2025
`
`Feb. 7, 2025
`
`Feb. 28, 2025
`
`Mar. 14, 2025
`
`TBD
`
`TBD
`
`

`

`Case 1:17-cv-00770-JDW Document 454 Filed 09/04/24 Page 2 of 2 PageID #: 40742
`
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Samantha Wilson
`Adam W. Poff (#3990)
`Pilar G. Kraman (#5199)
`Samantha G. Wilson (#5816)
`Alexis N. Stombaugh (#6702)
`1000 N. King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
`swilson@ycst.com
`astombaugh@ycst.com
`
`Attorneys for Plaintiff Wirtgen America, Inc.
`
`Dated: September 4, 2024
`11715077 /11898.00005
`
`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.
`
`SO ORDERED this _______ day of ________________, 2024.
`
`United States District Court Judge
`
`2
`
`

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