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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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`Case No. 1:17-cv-00770-JDW-MPT
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`ORDER
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`AND NOW, this 30th day of June, 2022, following a Zoom status conference with
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`CATERPILLAR, INC.,
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` Defendant
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`.
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`counsel for the Parties, it is ORDERED as follows:
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`1.
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`In
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`light of other filings, Wirtgen America, Inc.’s Motion To Dismiss
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`Defendant/Counterclaim-Plaintiff Caterpillar Inc.’s Third And Fourth Counterclaims For Failure
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`To State A Claim Upon Which Relief Can Be Granted (D.I. 54) is DENIED AS MOOT;
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`2.
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`On or before July 15, 2022, the Parties shall meet and confer to set aside dates to
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`hold open for depositions before the close of discovery. The Parties shall submit a letter to the
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`Court, via email to Chambers_of_Judge_Wolson@paed.uscourts.gov, that identifies the dates that
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`will be set aside for these depositions;
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`3.
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`On or before December 16, 2022, the parties shall provide the Court a tutorial on
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`the technology at issue. In that regard, the parties may separately or jointly submit a video of not
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`more than thirty (30) minutes. The video may be sent on a DVD, memory stick, hard drive, or
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`other commonly used digital media. The tutorial should focus on the technology in issue and
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`should not be used for argument. Each party may comment, in writing (in no more than five (5)
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`pages) on the opposing party’s tutorial. Any such comment shall be filed no later than seven days
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`Case 1:17-cv-00770-JDW-MPT Document 92 Filed 06/30/22 Page 2 of 2 PageID #: 10137
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`after submission of the tech tutorial. As to the format selected, the parties should confirm the
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`Court’s technical abilities to access the information contained in the tutorial;
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`4.
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`The Court’s prior Protective Orders (D.I. 53 and D.I. 61) are each AMENDED as
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`follows:
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`Paragraph VII.B:
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`Filing under Seal. Any Protected Information submitted to the Court in connection with a
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`motion, pleading, notice, or other filing shall be filed under seal. If a party intends to file any
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`Protected Information with the Court, then the filing party shall seek leave to file such material
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`under seal, in accordance with the Court’s procedures and governing legal standards. In connection
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`with the foregoing, the filing Party, shall publicly file a redacted version of said motion, pleading,
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`notice, or other filing, along with a redacted version of any supporting papers (as applicable). The
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`filing party must file a motion to seal to support any proposed redactions.
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`It is FURTHER ORDERED that Paragraph 9 of the Court’s prior Scheduling Order
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`(D.I. 28) is AMENDED and the Claim Construction hearing will take place at 9:30 a.m. EST
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`on January 24, 2023, in Courtroom 3B, at the James A. Byrne U.S. Courthouse, 601Market
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`Street, Philadelphia, PA 19106.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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