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Patent Owner

Wirtgen America, Inc.

Petitioner

Caterpillar Inc.

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Caterpillar Inc. v. Wirtgen America, Inc.

IPR2022-01277 | Patent Trial and Appeal Board

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Filed July 21, 2022

Terminated Jan. 29, 2024

Judges Barry Grossman, James Mayberry, and Richard Marschall

Case Type Inter Partes Review

Status Final Written Decision

Challenged Patent 15/625,266

Patent No. 9,879,391 assignments

Tech Center 3600

Art Unit 3671

Inventors Christian Berning, Dieter Simons

Last Updated: 2 days ago

Filing Date	#	Filing and Exhibits
Entries matching. Show All.
10/29/2024	10-29-2024-Board	Board Other: Fed Circuit mandate 33: Other: Fed Circuit mandate
3/26/2024	03-26-2024-Patent_Owner	Patent Owner Other: other 32: Patent Owner's Updated Certificate of Filing
3/25/2024	03-25-2024-Patent_Owner	Event: Notice of Appeal Patent Owner Notice: notice of appeal 31: Patent Owner's Notice of Appeal
1/29/2024	01-29-2024-Board	Event: Final Written Decision (All Claims Cancelled) Board Final Written Decision: original 30: Final Written Decision: original
1/8/2024	01-08-2024-Board	Board Other: Hearing transcript 29: Other: Hearing transcript
10/25/2023	10-25-2023-Patent_Owner	Patent Owner Notice: Exhibit list 28: Patent Owner's Updated Exhibit List Patent Owner Exhibit 2011: EX2011_Oral Hearing Demonstratives
10/25/2023	10-25-2023-Petitioner	Petitioner Notice: Exhibit list 27: Petitioner's Updated Exhibit List Petitioner Exhibit 1073: Petitioner's Demonstratives
10/3/2023	10-03-2023-Board	Board Order: Other 26: ORDER Setting Oral Argument
9/20/2023	09-20-2023-Patent_Owner	Patent Owner Other: other 24: Patent Owner's Request for Oral Hearing Patent Owner Notice: Updated Mandatory Notice 25: Patent Owner's Updated Mandatory Notices
9/13/2023	09-13-2023-Petitioner	Petitioner Other: other 23: Petitioner's Request for Oral Hearing
9/4/2023	09-04-2023-Patent_Owner	Patent Owner Other: other 20: PUBLIC_Patent Owner's Sur-Reply to Petitioner's Reply Patent Owner Other: other 21: Patent Owner's Motion to Seal Patent Owner Other: other 22: CONFIDENTIAL_Patent Owner's Sur-Reply to Petitioner's Reply
7/24/2023	07-24-2023-Petitioner	Petitioner Pet Reply to PO Resp 18: Petitioner's Reply Petitioner Notice: Exhibit list 19: Petitioner's Updated Exhibit List Petitioner Exhibit 1064: Figures from Exhibit introduced during Deposition of Christopher D. Rahns showing side plate geometry Petitioner Exhibit 1065: Figures from Exhibit introduced during Deposition of Christopher D. Rahns showing side plate geometry Petitioner Exhibit 1066: U.S. Patent No. 5,100,084 Petitioner Exhibit 1067: U.S. Patent No. 5,172,876 Petitioner Exhibit 1068: Declaration of John Lumkes in IPR2022-01278 and IPR2022-01310 Petitioner Exhibit 1071: Deposition Transcript of John Lumkes, taken on June 29, 2023 in IPR2022-01278 and IPR2022-01310 Petitioner Exhibit 1072: Deposition Transcript of Christopher D. Rahn, Ph.D., taken on July 12, 2023 in IPR2022-01264 and IPR2022-01277
6/21/2023	06-21-2023-Petitioner	Petitioner Notice: Notice of deposition 17: Updated Notice of Deposition of Christopher D. Rahn
6/16/2023	06-16-2023-Petitioner	Petitioner Notice: Other 16: Notice of Joint Stipulation to Modify Due Dates
6/15/2023	06-15-2023-Petitioner	Petitioner Notice: Notice of deposition 15: Notice of Deposition of Christopher D. Rahn
5/3/2023	05-03-2023-Patent_Owner	Patent Owner PO Response to Pet 14: Patent Owner Wirtgen America, Inc.'s Response to the Petition Patent Owner Exhibit 2003: Declaration of Christopher D. Rahn Patent Owner Exhibit 2004: Michael W. Netka Deposition Transcript - March 28, 2023 Patent Owner Exhibit 2005: Dr. William Singhose Deposition Transcript - April 6, 2023 Patent Owner Exhibit 2006: Dr. William Singhose Deposition Transcript - April 12, 2023 Patent Owner Exhibit 2007: PM-465 Cold Planer Parts Manual No. KEBP0200-14 Patent Owner Exhibit 2008: PM-465 Cold Planer Brochure Patent Owner Exhibit 2009: Electrical Engineering Principles and Applications, Allan R. Hambley Patent Owner Exhibit 2010: Declaration of Nathan I. North
3/21/2023	03-21-2023-Patent_Owner	Patent Owner Notice: Notice of deposition 12: Notice of Deposition of Mike Netka Patent Owner Notice: Notice of deposition 13: Notice of Deposition of William Singhose
3/14/2023	03-14-2023-Patent_Owner	Patent Owner Notice: Other 11: Joint Notice of Stipulation to Move Due Date 1
1/31/2023	01-31-2023-Board	Event: Petition Institution (Granted) Board Institution Decision: Grant 9: Institution Decision: Grant Board Order: Other 10: Order: SCHEDULING ORDER
11/4/2022	11-04-2022-Patent_Owner	Event: Preliminary Response Patent Owner POPR: filed 8: Patent Owners Preliminary Response Patent Owner Exhibit 2001: Certified Patent File Wrapper_US Patent 9,879,391 Part 1 Patent Owner Exhibit 2001: Certified Patent File Wrapper_US Patent 9,879,391 Part 2 Patent Owner Exhibit 2001: Certified Patent File Wrapper_US Patent 9,879,391 Part 3 Patent Owner Exhibit 2001: Certified Patent File Wrapper_US Patent 9,879,391 Part 4 Patent Owner Exhibit 2001: Certified Patent File Wrapper_US Patent 9,879,391 Part 5 Patent Owner Exhibit 2001: Certified Patent File Wrapper_US Patent 9,879,391 Part 6
8/10/2022	08-10-2022-Patent_Owner	Patent Owner Mandatory Notice 6: Patent Owners Mandatory Notice Patent Owner Power of Attorney 7: Patent Owners Power of Attorney
8/4/2022	08-04-2022-Board	Board Notice: Notice filing date accorded 5: Notice: Notice filing date accorded
7/21/2022	07-21-2022-Petitioner	Event: Petition Petitioner Petition 1: Petition for Inter Partes Review of U.S. Patent No. 9,879,391 Event: Petition Petitioner Petition 2: Petition for Inter Partes Review of U.S. Patent No. 9,879,391 Petitioner Power of Attorney 3: Petitioner's Power of Attorney Petitioner Other (Not for motions) 4: Petitioner's Motion to Seal Petitioner Exhibit 1001: U.S. Patent No. 9,879,391 Petitioner Exhibit 1002: PM-465 Cold Planer Operation & Maintenance Manual Petitioner Exhibit 1003: PM-465 Cold Planer Grade & Slope Electronic Control System, Systems Operation Testing and Adjusting Manual Petitioner Exhibit 1004: U.S. Patent No. 6,450,048 Petitioner Exhibit 1005: U.S. Patent No. 4,943,119 Petitioner Exhibit 1006: Declaration of William Singhose, Ph.D. Petitioner Exhibit 1006: Declaration of William Singhose, Ph.D. Petitioner Exhibit 1007: Curriculum Vitae of William Singhose Petitioner Exhibit 1008: Prosecution History for U.S. Patent No. 9,879,391 Part 1 of 3 Petitioner Exhibit 1008: Prosecution History for U.S. Patent No. 9,879,391 Part 2 of 3 Petitioner Exhibit 1008: Prosecution History for U.S. Patent No. 9,879,391 Part 3 of 3 Petitioner Exhibit 1011: Dkt. 28, Scheduling Order (July 23, 2021) Petitioner Exhibit 1012: Dkt. 30, Scheduling Order Modification (Aug. 5, 2021) Petitioner Exhibit 1013: Dkt. 33, Amended Complaint (Sept. 2, 2021) Petitioner Exhibit 1017: Dkt. 88, Stipulation Extending Fact Discovery Cutoff (Apr. 4, 2022) Petitioner Exhibit 1018: Dkt. 90, Order Reassigning to Judge Wolson (June 2, 2022) Petitioner Exhibit 1020: Declaration of Mike Netka Petitioner Exhibit 1020: Declaration of Mike Netka Petitioner Exhibit 1021: Printout of GOMACO Website Petitioner Exhibit 1022: Printout of MOBA Website Petitioner Exhibit 1023: U.S. Patent No. 4,186,968 Petitioner Exhibit 1024: U.S. Patent No. 4,270,801 Petitioner Exhibit 1025: Factory Notification List of Current Service Publications, Issue No. 337, May 2000 Petitioner Exhibit 1025: Factory Notification List of Current Service Publications, Issue No. 337, May 2000 Petitioner Exhibit 1026: Factory Notification List of Current Service Publications, Issue No. 343, November 2000 Petitioner Exhibit 1026: Factory Notification List of Current Service Publications, Issue No. 343, November 2000 Petitioner Exhibit 1027: Factory Notification List of Current Service Publications, Issue No. 344, December 2000 Petitioner Exhibit 1027: Factory Notification List of Current Service Publications, Issue No. 344, December 2000 Petitioner Exhibit 1028: Factory Notification List of Current Service Publications, Issue No. 345, January 2001 Petitioner Exhibit 1028: Factory Notification List of Current Service Publications, Issue No. 345, January 2001 Petitioner Exhibit 1029: Factory Notification List of Current Service Publications, Issue No. 347, March 2001 Petitioner Exhibit 1029: Factory Notification List of Current Service Publications, Issue No. 347, March 2001 Petitioner Exhibit 1030: Factory Notification List of Current Service Publications, Issue No. 351, July 2001 Petitioner Exhibit 1030: Factory Notification List of Current Service Publications, Issue No. 351, July 2001 Petitioner Exhibit 1032: Factory Notification List of Current Service Publications, Issue No. 357, January 2002 Petitioner Exhibit 1032: Factory Notification List of Current Service Publications, Issue No. 357, January 2002 Petitioner Exhibit 1033: Factory Notification List of Current Service Publications, Issue No. 367, November 2002 Petitioner Exhibit 1033: Factory Notification List of Current Service Publications, Issue No. 367, November 2002 Petitioner Exhibit 1034: Factory Notification List of Current Service Publications, Issue No. 371, March 2003 Petitioner Exhibit 1034: Factory Notification List of Current Service Publications, Issue No. 371, March 2003 Petitioner Exhibit 1036: Caterpillar Corporate Procedure CP No. 1:13, Issue No. 5, August 28, 1991 Petitioner Exhibit 1036: Caterpillar Corporate Procedure CP No. 1:13, Issue No. 5, August 28, 1991 Petitioner Exhibit 1037: U.S. Patent No. 5,309,407 Petitioner Exhibit 1038: Caterpillar Invoice for Serial No. 5ZS000153 Petitioner Exhibit 1038: Caterpillar Invoice for Serial No. 5ZS000153 Petitioner Exhibit 1039: Caterpillar Invoice for Serial No. 5ZS000161 Petitioner Exhibit 1039: Caterpillar Invoice for Serial No. 5ZS000161 Petitioner Exhibit 1040: Caterpillar Invoice for Serial No. 5ZS000167 Petitioner Exhibit 1040: Caterpillar Invoice for Serial No. 5ZS000167 Petitioner Exhibit 1041: Caterpillar Invoice for Serial No. 5ZS000163 Petitioner Exhibit 1041: Caterpillar Invoice for Serial No. 5ZS000163 Petitioner Exhibit 1042: Caterpillar Invoice for Serial No. 5ZS000169 Petitioner Exhibit 1042: Caterpillar Invoice for Serial No. 5ZS000169 Petitioner Exhibit 1043: Caterpillar Invoice for Serial No. 5ZS000180 Petitioner Exhibit 1043: Caterpillar Invoice for Serial No. 5ZS000180 Petitioner Exhibit 1044: Caterpillar Invoice for Serial No. 5ZS000168 Petitioner Exhibit 1044: Caterpillar Invoice for Serial No. 5ZS000168 Petitioner Exhibit 1045: Caterpillar Invoice for Serial No. 5ZS000183 Petitioner Exhibit 1045: Caterpillar Invoice for Serial No. 5ZS000183 Petitioner Exhibit 1046: Caterpillar Invoice for Serial No. 5ZS000186 Petitioner Exhibit 1046: Caterpillar Invoice for Serial No. 5ZS000186 Petitioner Exhibit 1047: Caterpillar Invoice for Serial No. 5ZS000187 Petitioner Exhibit 1047: Caterpillar Invoice for Serial No. 5ZS000187 Petitioner Exhibit 1048: Caterpillar Invoice for Serial No. 5ZS000188 Petitioner Exhibit 1048: Caterpillar Invoice for Serial No. 5ZS000188 Petitioner Exhibit 1049: Declaration of Michael B. Aldrich Petitioner Exhibit 1049: Declaration of Michael B. Aldrich Petitioner Exhibit 1050: U.S. Patent No. 6,152,648 Petitioner Exhibit 1051: U.S. Patent No. 4,140,420 Petitioner Exhibit 1052: Roadtec Parts Manual Part 1 of 2 Petitioner Exhibit 1052: Roadtec Parts Manual Part 2 of 2 Petitioner Exhibit 1053: Roadtec Electrical Schematic Petitioner Exhibit 1054: Deposition Transcript of Timothy Lewis Petitioner Exhibit 1054: Deposition Transcript of Timothy Lewis Petitioner Exhibit 1055: Roadtec Equipment Proposal Petitioner Exhibit 1055: Roadtec Equipment Proposal Petitioner Exhibit 1056: Roadtec Service Report Petitioner Exhibit 1056: Roadtec Service Report Petitioner Exhibit 1057: EP0940274 Petitioner Exhibit 1058: U.S. Patent No. 7,828,309 Petitioner Exhibit 1059: JPA-1991-276889 Petitioner Exhibit 1060: JPA-1991-139408 Petitioner Exhibit 1062: Wirtgen Am., Inc. v. Caterpillar Inc., C.A. No. 17-770-RGA, Parties' Preliminary Claim Construction Exchange Petitioner Exhibit 1063: Wirtgen Am., Inc. v. Caterpillar Inc., C.A. No. 17-770-RGA, Court's Order Setting Claim Construction Hearing

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Caterpillar Inc. v. Wirtgen America, Inc.

IPR2022-01277 | Patent Trial and Appeal Board

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