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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 17th day of September, 2024, for the reasons stated in the
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`accompanying Memorandum, it is ORDERED as follows:
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`1.
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`Wirtgen America, Inc’s Motion For Judgment As A Matter Of Law Pursuant
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`To Federal Rule Of Civil Procedure 50(b), Or, In the Alternative, A New Trial Pursuant To
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`Federal Rule of Civil Procedure 59 (D.I. 376) is DENIED;
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`2.
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`Defendant Caterpillar Inc.’s Renewed Motion For Judgment As A Matter of
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`Law, Or Alternatively, Motion For New Trial (D.I. 380) is DENIED; and
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`3.
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`Plaintiff’s Motions For Enhanced Damages, Attorneys’ Fees, An Injunction
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`Or Ongoing Royalty, And Other Relief (D.I. 371) is GRANTED IN PART and DENIED IN
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`PART as follows
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`a.
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`The request for enhanced damages under 35 U.S.C. § 284 is GRANTED,
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`and Caterpillar shall pay $6,495,102.48 in enhanced damages to Wirtgen.
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`Case 1:17-cv-00770-JDW Document 457 Filed 09/17/24 Page 2 of 3 PageID #: 40813
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`b.
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`The Motion is DENIED WITHOUT PREJUDICE to the extent that
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`Wirtgen seeks attorneys’ fees and costs under 35 U.S.C. § 285.
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`c.
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`The Motion is GRANTED to the extent it seeks a permanent
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`injunction. The Parties shall confer on the full text of an appropriate injunction and submit
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`a joint proposal, or their respective proposals, on or before September 24, 2024. To the
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`extent that the Parties do not agree, neither side may submit more than five pages of
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`double-spaced argument in favor of its proposal, and I will not accept additional,
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`responsive briefs.
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`d.
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`The Motion is GRANTED to the extent it seeks supplemental
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`damages. On or before October 11, 2024, Caterpillar shall provide to Wirtgen an
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`accounting of Caterpillar’s sales of infringing products through September 30, 2024. On
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`or before October 18, 2024, Wirtgen shall file a calculation of its updated damages based
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`on the information that it receives from Caterpillar. Caterpillar may file any objection to
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`that proposed calculation on or before October 25, 2024.
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`e.
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`The Motion is GRANTED to the extent it seeks prejudgment interest.
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`On or before September 27, 2024, the Parties shall confer about the calculation of
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`prejudgment interest, including the date on which prejudgment interest begins to accrue
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`and the date on which it ends, as well as the amount of prejudgment interest to be
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`awarded.
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`f.
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`The Motion for post-judgment interest is GRANTED.
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`2
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`Case 1:17-cv-00770-JDW Document 457 Filed 09/17/24 Page 3 of 3 PageID #: 40814
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`It is FURTHER ORDERED that the Parties should confer on whether I should enter a
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`partial judgment in this case pursuant to Fed. R. Civ. P. 54(b). On or before September 24,
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`2024, they shall submit to me their respective positions, in a joint letter not to exceed five
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`pages. To the extent the Parties agree that I should enter a partial judgment, they should
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`attach to their submission the language of a proposed judgment.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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