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No. 273 ORDER, Wirtgen's Motion for Summary Judgment (D.I. 217 ) is GRANTED IN PART AND DENIED IN PART, ...

Document Wirtgen America, Inc. v. Caterpillar, Inc., 1:17-cv-00770, No. 273 (D.Del. Jan. 4, 2024)

Motion for Summary JudgmentPartial

AND NOW, this 4th day of January, 2024, upon consideration of Plaintiff Wirtgen America, Inc.’s Motion for Partial Summary Judgment (D.I.

217), and for the reasons stated in the accompanying Memorandum, it is ORDERED that Wirtgen’s Motion for Summary Judgment (D.I.

Summary judgment is GRANTED as to non-infringement of Claims 1 and 8 of the ‘618 Patent; Summary judgment is GRANTED as to the application of IPR estoppel; Summary judgment is GRANTED as to no improper broadening of the ‘268

217 also includes arguments to exclude expert testimony under Fed. R. Evid.

209), the Motion is GRANTED as to non-infringement of Claim 17 of the ‘641 Patent and DENIED in all other respects.

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No. 269 ORDER: Paragraphs 13-15 of the Scheduling Order (D.I. 28 ) are VACATED

Document Wirtgen America, Inc. v. Caterpillar, Inc., 1:17-cv-00770, No. 269 (D.Del. Dec. 11, 2023)

No later than January 26, 2024, each party shall submit a proposed jury verdict sheet;

The Parties shall include in their pretrial order all information required by Fed. R. Civ.

A final pretrial conference will be held on February 8, 2024 at 10:00 a.m. in Chambers Room 12613, United States District Court, 601 Market Street, Philadelphia, PA 19106.

Counsel shall be prepared to discuss any pending motions in limine, objections to witnesses and exhibits, any stipulations of uncontested facts, how much time each Party needs for trial, and whether the Court should impose any time-limits; and

Counsel for all Parties shall refer to Judge Wolson’s Policies and Procedures regarding all matters of correspondence with the Court.

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No. 266 ORDER, Caterpillar, Inc.'s Motion to Seal (D.I. 263 ) is GRANTED

Document Wirtgen America, Inc. v. Caterpillar, Inc., 1:17-cv-00770, No. 266 (D.Del. Nov. 7, 2023)

Motion to SealGranted

AND NOW, this 7th day of November, 2023, upon consideration of Caterpillar’s

Motion To Seal (D.I.

263), it is ORDERED that the Motion is GRANTED because the Parties seek to seal the same information at-issue in their prior Joint Motion to Seal, which I granted.

For the reasons stated in the prior Order Granting the Joint Motion to Seal (D.I.

235), I find that the Parties have met the Avandia standard.

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No. 262 ORDER Granting D.I. 256 Motion to Seal Reply Briefs In Support Of Motions For Summary Judgment ...

Document Wirtgen America, Inc. v. Caterpillar, Inc., 1:17-cv-00770, No. 262 (D.Del. Nov. 6, 2023)

AND NOW, this 6th day of November, 2023, upon consideration of Caterpillar’s

Motion To Seal (D.I.

256), it is ORDERED that the Motion is GRANTED because the Parties seek to seal the same information at-issue in their prior Joint Motion to Seal, which I granted.

For the reasons stated in the prior Order Granting the Joint Motion to Seal (D.I.

235), I find that the Parties have met the Avandia standard.

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No. 255 ORDER: Upon consideration of Wirtgen's Motion to Seal (D.I. 252 ), it is hereby ORDERED that ...

Document Wirtgen America, Inc. v. Caterpillar, Inc., 1:17-cv-00770, No. 255 (D.Del. Oct. 31, 2023)

Motion to SealGranted

AND NOW, this 31st day of October, 2023, upon consideration of Wirtgen’s

Motion To Seal (D.I.

252), it is hereby ORDERED that the Motion is GRANTED given that Wirtgen seeks to seal the same non-public finances at issue in its prior Joint Motions to Seal and articulates the same harm that would stem from disclosure.

For the reasons stated in the prior Orders Granting the Joint Motions to Seal, (D.I.

Nos. 235, 251), I find that here Wirtgen has met the Avandia standard.

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No. 251 ORDER granting D.I. 236 Motion to Seal

Document Wirtgen America, Inc. v. Caterpillar, Inc., 1:17-cv-00770, No. 251 (D.Del. Oct. 30, 2023)

District courts apply regional circuit law with respect to motions to seal in patent cases.

“In the Third Circuit, the right is particularly robust.” In re Application of Storag Etzel GmbH for an Ord., Pursuant to 28 U.S.C. § 1782, to Obtain Discovery for Use in a Foreign Proceeding, No. 19-cv-209, 2020 WL 2949742, at *7 (D. Del.

To overcome the strong presumption of access that attaches to judicial records, a movant must show that an interest in secrecy outweighs the presumption by demonstrating that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.

A party's sensitive strategic plans are a type of information that courts may protect from public disclosure.

Finally, both Caterpillar and Wirtgen seek to seal their non-public finances including sales, costs, revenues, and profit.

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