Wirtgen America, Inc. v. ITC
| INTERNATIONAL TRADE COMMISSION |
| WIRTGEN AMERICA, INC. |
| CATERPILLAR PRODOTTI STRADALI S.R.L., CATERPILLAR INC., CATERPILLAR PAVING PRODUCTS, INC. and CATERPILLAR AMERICAS C.V. |
| 19-1911 |
| May 23, 2019 |
| U.S. Court of Appeals, Federal Circuit |
| Other |
Docket Report
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| Filing 44 Mandate issued to the United States International Trade Commission. Service as of this date by the Clerk of Court. [773376] [19-2445, 19-1911] [JCP] [Entered: 05/06/2021 12:31 PM] |
| Filing 43 JUDGMENT. AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART, AND REMANDED. Terminated on the merits after oral argument. COSTS: Each Side Bears Its Own Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . [762106] [19-2445, 19-1911] [JCP] [Entered: 03/15/2021 09:21 AM] |
| Filing 42 OPINION filed for the court by O'Malley, Circuit Judge; Mayer, Circuit Judge and Taranto, Circuit Judge. Opinion concurring in the judgment filed by Circuit Judge O'Malley. Nonprecedential Opinion. [762105] [19-2445, 19-1911] [JCP] [Entered: 03/15/2021 09:19 AM] |
| Filing 41 Submitted after ORAL ARGUMENT to Panel: O'Malley, Circuit Judge; Mayer, Circuit Judge and Taranto, Circuit Judge. Arguing counsel: Michael E. Joffre for Wirtgen America, Inc., Mr. Michael Liberman for ITC and James R. Barney for Caterpillar Inc., Caterpillar Paving Products, Inc., Caterpillar Americas C.V. and Caterpillar Prodotti Stradali S.r.l.. Oral Argument Audio available # here . [753076] [JCP] [Entered: 02/01/2021 01:49 PM] |
Filing 40
ORDER filed. The joint motion to clarify [ # 748049-2 ] is granted to the extent that the appeal and cross-appeal will be argued separately (see order for further details). By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [752878] [19-2445, 19-1911] [MJL] [Entered: 01/29/2021 04:51 PM]
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| Filing 38 Note to file: The following cases are associated: 19-2445 Lead with 19-1911 Cross-Appeal. FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [643777] [19-2445, 19-1911] [JAL] [Entered: 10/22/2019 11:15 AM] |
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Filing 37
ORDER granting Wirgtens motion to intervene [ # 640792-2 ] in Appeal No. 2019-2445. The revised official caption is reflected in this order. Appeals 2019-1911 and 2019-2445 are consolidated in the nature of cross-appeals, with Caterpillar Prodotti Stradali S.R.L. et al. (collectively, Caterpillar) designated as the nominal appellant and Wirtgen designated as the nominal cross-appellant. Caterpillars opening brief is due no later than 50 days from the date of filing of this order. (See order for more details.) Wirtgens motion to waive the requirements of Federal Circuit Rule 28(d) [ # 31 ] is denied without prejudice to it filing a renewed motion, if necessary, when filing its corrected principal and response brief. Service as of this date by the Clerk of Court. [643379] [19-1911, 19-2445] [NL] [Entered: 10/21/2019 11:52 AM]
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| Filing 39 Amended Certified list received. Service: 10/17/2019 by US mail. [644197] [19-2445, 19-1911] [CAB] [Entered: 10/23/2019 02:16 PM] |
| Filing 36 Amended Docketing Statement for the Intervenors Caterpillar Americas C.V., Caterpillar Inc., Caterpillar Paving Products, Inc. and Caterpillar Prodotti Stradali S.r.l. Service: 10/16/2019 by email. [642557]--[Edited 10/16/2019 by MMA - Reason: to correct filing event] [James Barney] [Entered: 10/16/2019 12:37 PM] |
| Filing 35 Letter from Intervenors Caterpillar Inc., Caterpillar Americas C.V., Caterpillar Paving Products, Inc. and Caterpillar Prodotti Stradali S.r.l. responding to 09/19/2019 order and setting forth proposed briefing schedule. Service: 10/02/2019 by email. [639674] [19-1911] [James Barney] [Entered: 10/02/2019 02:24 PM] |
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Filing 34
ORDER filed granting motion to stay appeal [ # 22 ] filed by Intervenors Caterpillar Inc., et al. to the extent provided herein. This appeal shall be treated as a cross-appeal to Caterpillar's forthcoming appeal of the Commission's July 18, 2019 decision. Within seven days of the docketing of such appeal, the parties are directed to provide the court with a proposed expedited briefing schedule. Service as of this date by the Clerk of Court. [636631] [LMS] [Entered: 09/19/2019 09:25 AM]
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Filing 33
ORDER filed modifying case association. Appeals 2019-1911 & 2019-2206 shall be considered companion cases and assigned to the same merits panel. Service as of this date by the Clerk of Court. [634673] [19-1911, 19-2206] [NL] [Entered: 09/11/2019 01:03 PM]
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| Filing 32 FILED from Appellant Wirtgen America, Inc.. Title: OPENING BRIEF. Service: 09/06/2019 by email. [633844] [19-1911] Non-compliant pursuant to 10/21/2019 order [ # 37 ].--[Edited 10/21/2019 by JAL to reflect non-compliance] [Michael Joffre] [Entered: 09/06/2019 08:21 PM] |
| Filing 31 MOTION of Appellant Wirtgen America, Inc. to waive confidentiality requirements [Consent: unopposed]. Service: 09/06/2019 by email. [633841] [19-1911] [Michael Joffre] [Entered: 09/06/2019 07:02 PM] |
| Filing 30 FILED from Appellant Wirtgen America, Inc.. Title: CONFIDENTIAL OPENING BRIEF. Service: 09/06/2019 by email, US mail. [633840] [19-1911] Non-compliant pursuant to 10/21/2019 order [ # 37 ].--[Edited 10/21/2019 by JAL to reflect non-compliance] [Michael Joffre] [Entered: 09/06/2019 06:55 PM] |
| Filing 29 Entry of appearance for William E. Sekyi as of counsel for Appellant Wirtgen America, Inc.. Service: 08/30/2019 by email. [632245] [19-1911] [Ryan Levy] [Entered: 08/30/2019 11:01 AM] |
| Filing 28 Entry of appearance for Mark A. Kilgore as of counsel for Appellant Wirtgen America, Inc.. Service: 08/30/2019 by email. [632240] [19-1911] [Ryan Levy] [Entered: 08/30/2019 10:52 AM] |
| Filing 27 Entry of appearance for Seth R. Ogden as of counsel for Appellant Wirtgen America, Inc.. Service: 08/30/2019 by email. [632238] [19-1911] [Ryan Levy] [Entered: 08/30/2019 10:49 AM] |
| Filing 26 Entry of appearance for Ryan D. Levy as of counsel for Appellant Wirtgen America, Inc.. Service: 08/30/2019 by email. [632232] [19-1911] [Ryan Levy] [Entered: 08/30/2019 10:45 AM] |
| Filing 25 Entry of appearance for John F. Triggs as of counsel for Appellant Wirtgen America, Inc.. Service: 08/30/2019 by email. [632226] [19-1911] [Ryan Levy] [Entered: 08/30/2019 10:40 AM] |
| Filing 24 REPLY of Intervenors Caterpillar Prodotti Stradali S.r.l., Caterpillar Americas C.V., Caterpillar Paving Products, Inc. and Caterpillar Inc. to response [ # 23 ]. Service: 08/27/2019 by email. [631353] [19-1911] [James Barney] [Entered: 08/27/2019 02:16 PM] |
| Filing 23 RESPONSE of Appellant Wirtgen America, Inc. to the motion to stay appeal [ # 22 ] filed by Intervenors Caterpillar Prodotti Stradali S.r.l., Caterpillar Americas C.V., Caterpillar Paving Products, Inc. and Caterpillar Inc.. Service: 08/26/2019 by email. [631016] [19-1911] [Michael Joffre] [Entered: 08/26/2019 02:18 PM] |
| Filing 22 MOTION of Intervenors Caterpillar Prodotti Stradali S.r.l., Caterpillar Americas C.V., Caterpillar Paving Products, Inc. and Caterpillar Inc. to stay appeal [Consent: partial consent]. Service: 08/23/2019 by email. [630700] [19-1911] [James Barney] [Entered: 08/23/2019 04:06 PM] |
| Filing 21 Duplicate (mail copy) certified list received from ITC. Service: 07/02/2019 by US mail. [619986] [SMJ] [Entered: 07/10/2019 10:10 AM] |
| Filing 20 Certified list received. Service: 07/02/2019 by US mail. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [619269] [SMJ] [Entered: 07/05/2019 02:07 PM] |
| Filing 19 Docketing Statement for the Intervenors Caterpillar Inc., Caterpillar Paving Products, Inc., Caterpillar Americas C.V. and Caterpillar Prodotti Stradali S.r.l.. Service: 07/02/2019 by email. [618500] [19-1911] [James Barney] [Entered: 07/02/2019 10:56 AM] |
| Filing 18 Entry of appearance for Ralph Wilson Powers III as of counsel for Appellant Wirtgen America, Inc.. Service: 06/28/2019 by email. [617915] [19-1911] [Ralph Powers] [Entered: 06/28/2019 04:51 PM] |
| Filing 17 Amended Certificate of Interest for Appellant Wirtgen America, Inc.. Service: 06/25/2019 by email. [616772] [19-1911] [Michael Joffre] [Entered: 06/25/2019 01:39 PM] |
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Filing 16
ORDER filed. The motion [ # 14 ] is granted. The revised official caption is reflected in this order. Service: 06/25/2019 by clerk. [616754] [NEL] [Entered: 06/25/2019 01:12 PM]
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| Filing 15 Certificate of Interest for Caterpillar Prodotti Stradali S.r.l., Caterpillar Americas CV, Caterpillar Paving Products, Inc., Caterpillar, Inc. Service: 06/17/2019 by email. [614676] [19-1911] [James Barney] [Entered: 06/17/2019 01:16 PM] |
| Filing 14 MOTION of Caterpillar Prodotti Stradali S.r.l., Caterpillar Americas CV, Caterpillar Paving Products, Inc., Caterpillar, Inc. for leave to intervene [Consent: unopposed]. Service: 06/17/2019 by email. [614675] [19-1911] [James Barney] [Entered: 06/17/2019 01:14 PM] |
| Filing 13 Entry of appearance for David K. Mroz as of counsel for Inervenors Caterpillar Prodotti Stradali S.r.l., Caterpillar Americas CV, Caterpillar Paving Products, Inc., Caterpillar, Inc.. Service: 06/17/2019 by email. [614673] [19-1911] [James Barney] [Entered: 06/17/2019 01:12 PM] |
| Filing 12 Entry of appearance for James R. Barney as principal counsel for Inervenors Caterpillar Prodotti Stradali S.r.l., Caterpillar Americas CV, Caterpillar Paving Products, Inc., Caterpillar, Inc.. Service: 06/17/2019 by email. [614671] [19-1911] [James Barney] [Entered: 06/17/2019 01:10 PM] |
| Filing 11 Docketing Statement for the Appellee ITC. Service: 06/13/2019 by email. [613895] [19-1911] [Michael Liberman] [Entered: 06/13/2019 12:37 PM] |
| Filing 10 Docketing Statement for the Appellant Wirtgen America, Inc.. Service: 06/10/2019 by email. [612911] [19-1911] [Michael Joffre] [Entered: 06/10/2019 05:50 PM] |
| Filing 9 Entry of appearance for William H. Milliken as of counsel for Appellant Wirtgen America, Inc.. Service: 06/06/2019 by email. [612200] [19-1911] [William Milliken] [Entered: 06/06/2019 05:14 PM] |
| Filing 8 Entry of appearance for Paul A. Ainsworth as of counsel for Appellant Wirtgen America, Inc.. Service: 06/06/2019 by email. [612199] [19-1911] [Paul Ainsworth] [Entered: 06/06/2019 05:12 PM] |
| Filing 7 Entry of appearance for Donald R. Banowit as of counsel for Appellant Wirtgen America, Inc.. Service: 06/06/2019 by email. [612198] [19-1911] [Donald Banowit] [Entered: 06/06/2019 05:10 PM] |
| Filing 6 Entry of appearance for Daniel E. Yonan as of counsel for Appellant Wirtgen America, Inc.. Service: 06/06/2019 by email. [612197] [19-1911] [Daniel Yonan] [Entered: 06/06/2019 05:08 PM] |
| Filing 5 Certificate of Interest for the Appellant Wirtgen America, Inc.. Service: 06/06/2019 by email. [612196] [19-1911] [Michael Joffre] [Entered: 06/06/2019 05:06 PM] |
| Filing 4 Entry of appearance for Michael E. Joffre as principal counsel for Appellant Wirtgen America, Inc.. Service: 06/06/2019 by email. [612194] [19-1911] [Michael Joffre] [Entered: 06/06/2019 05:03 PM] |
| Filing 3 Entry of appearance for Wayne W. Herrington as of counsel for Appellee ITC. Service: 06/06/2019 by email. [612108] [19-1911] [Wayne Herrington] [Entered: 06/06/2019 01:43 PM] |
| Filing 2 Entry of appearance for Michael Liberman as principal counsel for Appellee ITC. Service: 06/04/2019 by email. [611288] [19-1911] [Michael Liberman] [Entered: 06/04/2019 11:22 AM] |
| Filing 1 Appeal docketed. Received: 05/17/2019. [609366] Entry of Appearance due 06/06/2019. Certificate of Interest is due on 06/06/2019. Docketing Statement due 06/24/2019. Certified List due on 07/02/2019. [SMJ] [Entered: 05/23/2019 02:21 PM] |
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