Information

Search millions of cases and get court filings, fast docket alerts, and case analytics.

Request a Demo or create your account.

Lawyer? Your firm may have a group account, ask us and we'll let you know.

Click below for detailed party information:

Patent Owner

Wirtgen America, Inc.

Petitioner

Caterpillar Inc.

alt+h	Toggle this page.
alt+u	Toggle Upcoming Events view.
alt+e	Export the docket to Excel.
Filtering / Searching the Docket
ctrl+f	Filter the docket.
ctrl+shift+f	Search docket and documents.
alt+s	Toggle between "Show Only" filtering modes.
alt+d, ctrl+f	System ctrl+f
escape	Clear while in docket filter.
Interactive Timeline
alt+t	Show / re-center case timeline.
alt+↑	Zoom in
alt+↓	Zoom out
alt+←	Pan left
alt+→	Pan right

Caterpillar Inc. v. Wirtgen America, Inc.

IPR2017-02185 | Patent Trial and Appeal Board

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.

Filed Oct. 19, 2017

Terminated May 2, 2019

Judges Barry Grossman, Kevin Cherry, and Scott Daniels

Case Type Inter Partes Review

Status Final Written Decision

Challenged Patent 11/885,460

Patent No. 7,828,309 assignments

Tech Center 3600

Art Unit 3616

Inventors Christian Berning, Dieter Simons, Markus Schafer

Last Updated: 6 months ago

Filing Date	#	Filing and Exhibits
Entries matching. Show All.
8/28/2019	08-28-2019-Patent_Owner	Event: Notice of Appeal Patent Owner Notice of Appeal 54: Patent Owner's Notice of Cross Appeal
8/15/2019	08-15-2019-Petitioner	Event: Notice of Appeal Petitioner Notice of Appeal 53: Petitioner's Notice of Appeal
7/19/2019	07-19-2019-Board	Board Order 52: Decision - Denying Petitioner's Motion to Expunge - 37 CFR 42.71
7/17/2019	07-17-2019-Board	Board Order 50: Decision Denying Joint Motion to Seal Event: Final Written Decision (Some, Not All Claims Cancelled) Board Notice 51: Final Written Decision (Revised)
7/11/2019	07-11-2019-Board	Board Decision Granting Request for Rehearing-Patent Owner 48: Decision - Granting Request for Rehearing Board Order 49: Final Written Decision - Revised
7/8/2019	07-08-2019-Board	Board Order 47: Requiring Modified Proposed Redacted Version of Final Written Decision 37 C.F.R. § 42.5
6/17/2019	06-17-2019-Petitioner	Petitioner Motion 46: Petitioner's Motion to Expunge
6/5/2019	06-05-2019-Petitioner	Petitioner Motion 45: Petitioner and Patent Owner's Joint Motion to Seal
5/31/2019	05-31-2019-Patent_Owner	Patent Owner Rehearing Request - in re Final Written Decision 44: Patent Owner's Request for Rehearing
5/17/2019	05-17-2019-Petitioner	Petitioner Exhibit List 43: Petitioner's Updated Exhibit List Petitioner Exhibit 1027: Caterpillar Exhibit 1027 - Proposed Redacted FWD
5/3/2019	05-03-2019-Board	Board Order 42: Granting Patent Owner¿¿¿s Unopposed Motion to Seal, and Requiring Proposed Redacted Version of Final Written Decision
5/2/2019	05-02-2019-Board	Board Termination Decision Document 41: Termination Decision - Vacated per Paper 48 Board Exhibit 3001: Ex. 3001 Board Exhibit 3002: Ex. 3002 Board Exhibit 3003: Ex. 3003 Board Exhibit 3004: Ex. 3004 Board Exhibit 3005: Ex. 3005 Board Exhibit 3006: Ex. 3006 Board Exhibit 3007: Ex. 3007 Board Exhibit 3008: Ex. 3008
3/1/2019	03-01-2019-Board	Board Hearing Transcript 40: Hearing Transcript
2/6/2019	02-06-2019-Petitioner	Petitioner Notice 39: Petitioner's Updated Mandatory Notices
1/28/2019	01-28-2019-Patent_Owner	Patent Owner Exhibit List 38: Patent Owner's Updated Exhibit List Patent Owner Exhibit 2070: Ex. 2070 - Conference Call Transcript (January 25, 2019) Patent Owner Exhibit 2071: Ex. 2071 - 337-TA-1067 Initial Determination
1/22/2019	01-22-2019-Board	Board Order 37: Order Granting Oral Argument
12/21/2018	12-21-2018-Patent_Owner	Patent Owner Reply 36: Patent Owner's Sur-Reply
12/17/2018	12-17-2018-Petitioner	Petitioner Oral Hearing Request 35: Petitioner's Request for Oral Hearing
12/17/2018	12-17-2018-Patent_Owner	Patent Owner Oral Hearing Request 34: Patent Owner's Request for Oral Argument
12/6/2018	12-06-2018-Patent_Owner	Patent Owner Objection 33: Patent Owner's Objections to Petitioner's Evidence
11/29/2018	11-29-2018-Petitioner	Petitioner Reply 31: Petitioner's Reply Petitioner Exhibit List 32: Petitioner's Updated Exhibit List Petitioner Exhibit 1022: Caterpillar Exhibit 1022 Petitioner Exhibit 1024: Caterpillar Exhibit 1024 Petitioner Exhibit 1025: Caterpillar Exhibit 1025 - Part 1 of 2 Petitioner Exhibit 1025: Caterpillar Exhibit 1025 - Part 2 of 2 Petitioner Exhibit 1026: Caterpillar Exhibit 1026
11/9/2018	11-09-2018-Petitioner	Petitioner Notice 30: Petitioner's Updated Mandatory Notices
10/17/2018	10-17-2018-Petitioner	Petitioner Notice of Deposition 29: Petitioner's Notice of Cross-Examination of Dr. John H. Lumkes
9/7/2018	09-07-2018-Patent_Owner	Patent Owner Exhibit List 28: Patent Owner's Corrected Exhibit List
8/23/2018	08-23-2018-Petitioner	Petitioner Objection 27: Petitioner's Objections to Patent Owner's Exhibits
8/21/2018	08-21-2018-Patent_Owner	Patent Owner Notice 21: Notice of Stipulation to Move Due Date 1 Patent Owner Response 22: Patent Owners Response (PUBLIC) Patent Owner Response 23: Patent Owners Response (CONFIDENTIAL) Patent Owner Motion 24: Patent Owner's Motion to Seal (309) Patent Owner Motion 25: EXPUNGED Patent Owner Motion 26: Patent Owner's Motion to Seal (309) Patent Owner Exhibit 2010: Exhibit 2010 - Labus Additional Annotations Patent Owner Exhibit 2011: Exhibit 2011 - Labus First Attempt to Illustrate Circuit Diagram Associated with Ex. 1002 Patent Owner Exhibit 2012: Exhibit 2012 - Labus Second Attempt to Illustrate Circuit Diagram Associated with Ex. 1002 Patent Owner Exhibit 2013: Exhibit 2013 - U.S. 5,695,256 (Kishimoto) Patent Owner Exhibit 2014: Exhibit 2014 - Labus Annotations Fig. 1 of Swisher Patent Owner Exhibit 2015: Exhibit 2015 - Declaration of Dr. John H. Lumkes (CONFIDENTIAL) Patent Owner Exhibit 2015: Exhibit 2015 - Declaration of Dr. John H. Lumkes (PUBLIC) Patent Owner Exhibit 2016: Exhibit 2016 - Labus Deposition Transcript Patent Owner Exhibit 2017: Exhibit 2017 - EP 0940274 B1 to Bitelli (¿¿¿Bitelli¿¿¿) Patent Owner Exhibit 2018: Exhibit 2018 - Roadway Design Manual (Revised May 2010) Patent Owner Exhibit 2019: Exhibit 2019 - Virginia Paving Hot Mix Asphalt Prices Patent Owner Exhibit 2020: Exhibit 2020 - New Oxford Dictionary Definition of Scarifier Patent Owner Exhibit 2021: Exhibit 2021 - Excerpts from Valve Handbook (2004) Patent Owner Exhibit 2022: Exhibit 2022 - Lumkes CV Patent Owner Exhibit 2023: Exhibit 2023 - Milling and Recycling Technical Paper T-127 Patent Owner Exhibit 2024: Exhibit 2024 - The Evolution of Milling Machines Patent Owner Exhibit 2025: Exhibit 2025 - FL Dept. of Trans. Section 327 - Milling of Existing Asphalt Pavement Patent Owner Exhibit 2026: Exhibit 2026 - Road Science Secrets to Successful Milling Patent Owner Exhibit 2027: Exhibit 2027 - Excerpts from Hydraulics and Pneumatics (2011) Patent Owner Exhibit 2028: Exhibit 2028 - Wirtgen Brochure W200-W200i Patent Owner Exhibit 2029: Exhibit 2029 - Wirtgen brochure W250i 0316 Patent Owner Exhibit 2030: Exhibit 2030 - CAT Cold Planers PM620 and PM622 Patent Owner Exhibit 2031: Exhibit 2031 - Liebherr Mk88 Mobile Construction Crane Patent Owner Exhibit 2032: Exhibit 2032 - Liebherr Mk140 Mobile Construction Crane Patent Owner Exhibit 2033: Exhibit 2033 - CAT PM200 Cold Planer Brochure Patent Owner Exhibit 2034: Exhibit 2034 - Wirtgen W210 and W210i Brochure Patent Owner Exhibit 2035: Exhibit 2035 - Wirtgen W210i Hydraulic Plans Patent Owner Exhibit 2036: Exhibit 2036 - Cross Section Elements Chapter 4 Patent Owner Exhibit 2037: Exhibit 2037 - How to Determine Quantities Patent Owner Exhibit 2038: Exhibit 2038 - EP 0836659 B2 (¿¿¿Busley¿¿¿) Patent Owner Exhibit 2039: Exhibit 2039 - W210i Hydraulic Cylinder with Position Transducer Patent Owner Exhibit 2040: Exhibit 2040 - W210i Crawler Track Units Patent Owner Exhibit 2041: Exhibit 2041 - W210i Instruction Manual (Part 1 of 2) Patent Owner Exhibit 2041: Exhibit 2041 - W210i Instruction Manual (Part 2 of 2) Patent Owner Exhibit 2042: Exhibit 2042 - W210i Machine Frame Patent Owner Exhibit 2043: Exhibit 2043 - W210i Machine Frame - Hydraulic Cylinders Positions Patent Owner Exhibit 2044: Exhibit 2044 - CAT Large Specalog PM620 and PM622 Patent Owner Exhibit 2045: Exhibit 2045 - PM620 and PM622 Cold Planers machine System (Part 1 of 2) Patent Owner Exhibit 2045: Exhibit 2045 - PM620 and PM622 Cold Planers machine System (Part 2 of 2) Patent Owner Exhibit 2046: Exhibit 2046 - PM620 Parts Manual (Part 1 of 6) Patent Owner Exhibit 2046: Exhibit 2046 - PM620 Parts Manual (Part 2 of 6) Patent Owner Exhibit 2046: Exhibit 2046 - PM620 Parts Manual (Part 3 of 6) Patent Owner Exhibit 2046: Exhibit 2046 - PM620 Parts Manual (Part 4 of 6) Patent Owner Exhibit 2046: Exhibit 2046 - PM620 Parts Manual (Part 5 of 6) Patent Owner Exhibit 2046: Exhibit 2046 - PM620 Parts Manual (Part 6 of 6) Patent Owner Exhibit 2047: Exhibit 2047 - PMBK - Mobile Construction Cranes Patent Owner Exhibit 2048: Exhibit 2048 - Informational Bulletin Crown & Cross-Slope Patent Owner Exhibit 2049: Exhibit 2049 - The World of Wirtgen Cold Recyclers and Soil Stabilizers Patent Owner Exhibit 2050: Exhibit 2050 - CAT PM102 Cold Planer Brochure Patent Owner Exhibit 2051: Exhibit 2051 - PM600 GW2 Admin Review (Confidential) Patent Owner Exhibit 2052: Exhibit 2052 - Cold Planer Accelerated Program Gateway 2 Presentation (Confidential) Patent Owner Exhibit 2053: Exhibit 2053 - New Product Introduction Cost Accounting Manual (Confidential) Patent Owner Exhibit 2054: Exhibit 2054 - Cold Planer Trade-Off Kick-Off Presentation (Confidential) Patent Owner Exhibit 2055: Exhibit 2055 - ID & Rank Relative Importance for Caterpillar and Wirtgen Features (Confidential) Patent Owner Exhibit 2056: Exhibit 2056 - PM600-Hydraulics (Confidential) Patent Owner Exhibit 2057: Exhibit 2057 - CAT Cold Planer New Product Introduction - Gateway Launch Review - 2 (Confidential) Patent Owner Exhibit 2058: Exhibit 2058 - Cold Planer New Product Introduction GW 1 Review Final - 3 (Confidential) Patent Owner Exhibit 2059: Exhibit 2059 - Paving the way - The regions lucrative road market
8/10/2018	08-10-2018-Patent_Owner	Patent Owner Motion 19: Joint Motion for Entry of a Modified Protective Order
8/10/2018	08-10-2018-Board	Board Order 20: Order Granting Joint Motion for Entry of a Modified Protective Order
8/9/2018	08-09-2018-Board	Board Order 18: Order Authorizing Additional Discovery
7/27/2018	07-27-2018-Patent_Owner	Patent Owner Notice 17: Notice of Stipulation to Move Due Dates 1-3
7/19/2018	07-19-2018-Petitioner	Petitioner Opposition 15: Petitioner's Opposition to Patent Owner's Motion for Additional Discovery Petitioner Exhibit List 16: Petitioner's Updated Exhibit List Petitioner Exhibit 1013: Caterpillar Exhibit 1013 Petitioner Exhibit 1014: Caterpillar Exhibit 1014 Petitioner Exhibit 1015: Caterpillar Exhibit 1015 Petitioner Exhibit 1016: Caterpillar Exhibit 1016 Petitioner Exhibit 1017: Caterpillar Exhibit 1017 Petitioner Exhibit 1018: Caterpillar Exhibit 1018 Petitioner Exhibit 1019: Caterpillar Exhibit 1019
7/13/2018	07-13-2018-Patent_Owner	Patent Owner Motion 14: Patent Owner's Motion for Additional Discovery Patent Owner Exhibit 2008: Ex. 2008 - Proposed Additional Discovery Request Patent Owner Exhibit 2009: Ex. 2009 - Wirtgen America¿¿¿s Admitted Exhibit List
7/11/2018	07-11-2018-Patent_Owner	Patent Owner Notice of Deposition 12: Patent Owner's Notice of Deposition Patent Owner Exhibit List 13: Patent Owner's Updated Exhibit List Patent Owner Exhibit 2007: Ex. 2007 - Teleconference Transcript
7/3/2018	07-03-2018-Board	Board Order 11: ORDER Conduct of the Proceedings
6/18/2018	06-18-2018-Patent_Owner	Patent Owner Notice 10: Patent Owner's Updated Mandatory Notices
5/17/2018	05-17-2018-Petitioner	Petitioner Objection 9: Petitioner's Objections to Evidence
5/3/2018	05-03-2018-Board	Event: Petition Institution (Granted) Board Institution Decision 7: Instituting Inter Partes Review 35 U.S.C sec 314(a) Board Order 8: SCHEDULING ORDER 37 C.F.R. sec 42.5
2/6/2018	02-06-2018-Patent_Owner	Event: Preliminary Response Patent Owner Preliminary Response 6: Patent Owner Preliminary Response Patent Owner Exhibit 2001: Paving the way_ The region's lucrative road market Patent Owner Exhibit 2002: Ex. 2002 - 2017.07.19 Verified Complaint Under Section 337 of the Tariff Act of 1939, as Amended Patent Owner Exhibit 2003: Ex. 2003 - ARRA_Cold_Planing-Generic Patent Owner Exhibit 2004: Ex. 2004 - CAT Initial Claim Construction_Part1 Patent Owner Exhibit 2004: Ex. 2004 - CAT Initial Claim Construction_Part2 Patent Owner Exhibit 2004: Ex. 2004 - CAT Initial Claim Construction_Part 3 Patent Owner Exhibit 2004: Ex. 2004 - CAT Initial Claim Construction_Part 4 Patent Owner Exhibit 2005: Ex. 2005 - 2017.10.18 - Caterpillar List of Terms for Construction Patent Owner Exhibit 2006: Ex. 2006 - US5269556
11/8/2017	11-08-2017-Patent_Owner	Patent Owner Mandatory Notice 4: Patent Owner's Mandatory Notice Patent Owner Power of Attorney 5: Patent Owner's Power of Attorney
11/6/2017	11-06-2017-Board	Board Notice of Filing Date Accorded to Petition 3: NOTICE OF FILING DATE ACCORDED TO PETITION AND TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
10/19/2017	10-19-2017-Petitioner	Event: Petition Petitioner Petition 1: Petition for Inter Partes Review of U.S. Patent No. 7,828,309 Petitioner Power of Attorney 2: Petitioner's Power of Attorney Petitioner Exhibit 1001: Caterpillar Exhibit 1001 Petitioner Exhibit 1002: Caterpillar Exhibit 1002 Petitioner Exhibit 1003: Caterpillar Exhibit 1003 Petitioner Exhibit 1004: Caterpillar Exhibit 1004 Petitioner Exhibit 1005: Caterpillar Exhibit 1005 Petitioner Exhibit 1006: Caterpillar Exhibit 1006 Petitioner Exhibit 1007: Caterpillar Exhibit 1007 Petitioner Exhibit 1008: Caterpillar Exhibit 1008 Petitioner Exhibit 1009: Caterpillar Exhibit 1009 Petitioner Exhibit 1010: Caterpillar Exhibit 1010 Petitioner Exhibit 1011: Caterpillar Exhibit 1011 Petitioner Exhibit 1012: Caterpillar Exhibit 1012

Supplemental Search

Search for PTAB Motions

PTAB Analytics

TTAB Analytics

Basic Search

Filters

Party Search

Advanced

Selected Courts

Recently Selected Courts

Find PTAB Decisions

PTAB Analytics

Special PTAB Alerts

Orange Book

Directly Search Federal Courts

Search Trademark ...

Search millions of cases and get court filings, fast docket alerts, and case analytics.

Request a Demo or create your account.

Lawyer? Your firm may have a group account, ask us and we'll let you know.

Patent Owner

Petitioner

Keyboard shortcuts

Filtering / Searching the Docket

Interactive Timeline

Caterpillar Inc. v. Wirtgen America, Inc.

IPR2017-02185 | Patent Trial and Appeal Board

Interested in this case?

Event:

Event:

Event:

Event:

Event:

Event:

Alert Sharing

STEP 2 of 2

Choose your membership type

Flat-Fee

Pay-As-You-Go Monthly

Add your payment information

Login or Join

Enter your corporate Email

Thousands of your peers are saving time and gaining a competitive advantage with Docket Alarm.

Join Docket Alarm to perform smarter legal research.

Download this document and millions of others instantly with a Docket Alarm membership.

Join Docket Alarm and start performing smarter legal research.

Start tracking this docket instantly with a Docket Alarm membership.

Join thousands of your peers and start performing smarter legal research.

STEP 1 of 2

Millions of Documents | 15 Seconds to Signup

Hi !

Welcome to Docket Alarm

Welcome to Docket Alarm!

Explore Litigation Insights andManage Your Cases

Reset Password

What is PACER?

Why do I need it?

What will I be charged?

Do other courts have fees?

Basic Free Access

Welcome

Thank you

Check Firm Account

Explore Litigation Insights and
Manage Your Cases