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`JOINT STIPULATION AND ORDER TO STAY CASE DUE TO SETTLEMENT
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`WHEREAS Plaintiff/Counterclaim-Defendant Wirtgen America, Inc. (“Plaintiff” or
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`“Wirtgen America”), and Defendant/Counterclaim-Plaintiff Caterpillar Inc. (“Defendant” or
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`“Caterpillar”) have reached an agreement to settle the above-captioned action (“Action”);
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`WHEREAS, the Parties have agreed to the terms of a binding settlement agreement and
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`are presently working on preparing all necessary papers required by the agreement, including
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`appropriate papers to dismiss this Action; and
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`WHEREAS, entry of the Court’s Order of a Permanent Injunction and the Court’s decision
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`on the entry of a Partial Judgment pursuant to Fed. R. Civ. P. 54(b) are pending;
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`WHEREAS, deadlines remain pending relating to Caterpillar’s counterclaims for patent
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`infringement against Wirtgen America;
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`WHEREAS, the Parties respectfully request the Court stay entry of any Permanent
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`Injunction, Final Judgment, and further case deadlines while the Parties prepare appropriate papers
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`for dismissal of all claims in this Action;
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`NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned
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`counsel for Plaintiff and Defendant, subject to the approval of the Court, that:
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`)))))))))
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`WIRTGEN AMERICA, INC.,
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`CATERPILLAR INC.,
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`
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`Plaintiff,
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`v.
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`Defendant.
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`
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`Case 1:17-cv-00770-JDW Document 463 Filed 09/30/24 Page 2 of 2 PageID #: 40898
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`(1)
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`All judgments, orders, rulings, and case deadlines shall be stayed for 14 days while
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`the Parties prepare appropriate papers for dismissal of all claims in this Action; and
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`(2)
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`At the conclusion of 14 days, the parties shall file a Stipulation of Dismissal or shall
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`file a brief update with the Court addressing whether the stay of this Action should
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`be continued.
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`
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`YOUNG CONAWAY STARGATT & TAYLOR, LLP
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`By: /s/ Adam W. Poff
`Adam W. Poff (#3990)
`Samantha G. Wilson (#5816)
`Alexis N. Stombaugh (#6702)
`1000 N. King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
`astombaugh@ycst.com
`
`
`Attorneys for Plaintiff Wirtgen America, Inc.
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`Dated: September 30, 2024
`11768678 / 11898.00005
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`POTTER ANDERSON & CORROON LLP
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`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
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`Attorneys for Defendant Caterpillar Inc.
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`SO ORDERED this _______ day of ________________, 2024.
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`
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`United States District Court Judge
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`2
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`
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