Wirtgen GmbH v. ITC
| WIRTGEN GROUP HOLDING GMBH, WIRTGEN AMERICA, INC., WIRTGEN GMBH and JOSEPH VOGELE AG |
| INTERNATIONAL TRADE COMMISSION |
| CATERPILLAR INC. and CATERPILLAR PAVING PRODUCTS, INC. |
| 19-2320 |
| August 28, 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. [746442] [JAB] [Entered: 01/04/2021 10:54 AM]
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Filing 43
JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . [734665] [MJL] [Entered: 11/10/2020 09:23 AM]
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Filing 42
NOTE TO FILE: FOR PRIOR ENTRIES SEE 19-2306 . [734288] [JAB] [Entered: 11/06/2020 03:46 PM]
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Filing 41
ORDER filed deconsolidating appeals. The revised official captions are reflected in the order. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [734278] [19-2306, 19-2320] [JAB] [Entered: 11/06/2020 03:24 PM]
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Filing 40
Submitted after ORAL ARGUMENT to Panel: Dyk, Circuit Judge; Schall, Circuit Judge and Hughes, Circuit Judge. Arguing counsel: Michael E. Joffre for Wirtgen America, Inc., Wirtgen Group Holding GmbH, Wirtgen GmbH and Joseph Vogele AG, Houda Morad for ITC and Luke McCammon for Caterpillar Inc. and Caterpillar Paving Products, Inc. Oral Argument Audio available # here . [734235] [JAB] [Entered: 11/06/2020 02:02 PM]
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Filing 39
Response to notice of oral argument from the Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 10/15/2020 by email. [729089] [19-2320] [Michael Joffre] [Entered: 10/15/2020 02:26 PM]
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Filing 38
Response to notice of oral argument from the Appellee ITC. Service: 10/14/2020 by email. [728615] [19-2320] [Houda Morad] [Entered: 10/14/2020 01:37 PM]
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Filing 37
Response to notice of oral argument from the Intervenors Caterpillar Inc. and Caterpillar Paving Products, Inc.. Service: 10/14/2020 by email. [728599] [19-2320] [Luke McCammon] [Entered: 10/14/2020 01:10 PM]
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Filing 36
ORDER filed denying [ # 2 ] motion for stay pending appeal under Rule 8/18 filed by Wirtgen America, Inc., Wirtgen Group Holding GmbH, Wirtgen GmbH and Joseph Vogele AG. Service as of this date by the Clerk of Court. [641422] [LMS] [Entered: 10/10/2019 08:34 AM]
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Filing 35
Certified list received. Service: 10/07/2019 by US mail. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [640939] [19-2306, 19-2320] [SJ] [Entered: 10/08/2019 10:17 AM]
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Filing 34
ORDER filed. 19-2306 and 19-2320 are consolidated in the nature of cross-appeals. Revised official caption is reflected in the order. Certified list due no later than 10/07/2019. Service as of this date by the Clerk of Court. [636281] [19-2306, 19-2320] [SJ] [Entered: 09/18/2019 09:09 AM]
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Filing 33
Docketing Statement for the Appellee ITC. Service: 09/16/2019 by email. [635835] [19-2320] [Houda Morad] [Entered: 09/16/2019 03:14 PM]
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Filing 32
Letter from Appellee ITC Enclosing Commission Order. Service: 09/13/2019 by email. [635385] [19-2320] [Houda Morad] [Entered: 09/13/2019 01:10 PM]
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Filing 31
Confidential Reply in Support of Motion for Stay Pending Review filed by Appellants Wirtgen GmbH, Wirtgen Group Holding GmbH, Joseph Vogele AG and Wirtgen America, Inc. corresponding to Doc. No. [ # 30 ]. Service: 09/09/2019 by email. [634142] [19-2320] [Michael Joffre] [Entered: 09/09/2019 05:18 PM]
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Filing 30
REPLY of Appellants Wirtgen GmbH, Wirtgen Group Holding GmbH, Joseph Vogele AG and Wirtgen America, Inc. to response [ # 23 ], response [ # 22 ]. Service: 09/09/2019 by email. [634141] [19-2320] [Michael Joffre] [Entered: 09/09/2019 05:16 PM]
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Filing 29
Entry of appearance for William E. Sekyi as of counsel for Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH. Service: 09/08/2019 by email. [633860] [19-2320] [Ryan Levy] [Entered: 09/08/2019 02:20 PM]
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Filing 28
Entry of appearance for Seth R. Ogden as of counsel for Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH. Service: 09/08/2019 by email. [633859] [19-2320] [Ryan Levy] [Entered: 09/08/2019 02:18 PM]
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Filing 27
Entry of appearance for Mark A. Kilgore as of counsel for Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH. Service: 09/08/2019 by email. [633858] [19-2320] [Ryan Levy] [Entered: 09/08/2019 02:16 PM]
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Filing 26
Entry of appearance for Ryan D. Levy as of counsel for Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH. Service: 09/08/2019 by email. [633857] [19-2320] [Ryan Levy] [Entered: 09/08/2019 02:15 PM]
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Filing 25
Entry of appearance for John F. Triggs as of counsel for Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH. Service: 09/08/2019 by email. [633856] [19-2320] [Ryan Levy] [Entered: 09/08/2019 02:09 PM]
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Filing 24
Confidential Intervenors' Response to Appellant's Motion for Stay Pending Review filed by Intervenors Caterpillar Inc. and Caterpillar Paving Products, Inc. corresponding to Doc. No. [ # 23 ]. Service: 09/06/2019 by email. [633839] [19-2320] [Luke McCammon] [Entered: 09/06/2019 06:44 PM]
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Filing 23
RESPONSE of Intervenors Caterpillar Inc. and Caterpillar Paving Products, Inc. to the motion for stay pending appeal under Rule 8/18 [ # 2 ] filed by Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH. Service: 09/06/2019 by email. [633838] [19-2320] [Luke McCammon] [Entered: 09/06/2019 06:39 PM]
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Filing 22
RESPONSE of Appellee ITC to the motion for stay pending appeal under Rule 8/18 [ # 2 ] filed by Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH. Service: 09/06/2019 by email. [633826] [19-2320] [Houda Morad] [Entered: 09/06/2019 05:22 PM]
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Filing 21
Entry of appearance for Sidney A. Rosenzweig as of counsel for Appellee ITC. Service: 09/03/2019 by email. [632634] [19-2320] [Sidney Rosenzweig] [Entered: 09/03/2019 10:37 AM]
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Filing 20
Entry of appearance for William H. Milliken as of counsel for Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 08/30/2019 by email. [632514] [19-2320] [William Milliken] [Entered: 08/30/2019 05:43 PM]
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Filing 19
Entry of appearance for Ralph Wilson Powers III as of counsel for Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 08/30/2019 by email. [632512] [19-2320] [Ralph Powers] [Entered: 08/30/2019 05:40 PM]
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Filing 18
Entry of appearance for Paul A. Ainsworth as of counsel for Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 08/30/2019 by email. [632510] [19-2320] [Paul Ainsworth] [Entered: 08/30/2019 05:37 PM]
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Filing 17
Entry of appearance for Donald R. Banowit as of counsel for Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 08/30/2019 by email. [632509] [19-2320] [Donald Banowit] [Entered: 08/30/2019 05:36 PM]
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Filing 16
Entry of appearance for Daniel E. Yonan as of counsel for Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 08/30/2019 by email. [632508] [19-2320] [Daniel Yonan] [Entered: 08/30/2019 05:33 PM]
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Filing 15
Certificate of Interest for Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 08/30/2019 by email. [632507] [19-2320] [Michael Joffre] [Entered: 08/30/2019 05:31 PM]
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Filing 14
Entry of appearance for Michael E. Joffre as principal counsel for Appellants Wirtgen GmbH, Joseph Vogele AG, Wirtgen Group Holding GmbH and Wirtgen America, Inc.. Service: 08/30/2019 by email. [632506] [19-2320] [Michael Joffre] [Entered: 08/30/2019 05:30 PM]
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Filing 13
Entry of appearance for Wayne W. Herrington as of counsel for Appellee ITC. Service: 08/30/2019 by email. [632438] [19-2320] [Wayne Herrington] [Entered: 08/30/2019 03:12 PM]
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Filing 12
ORDER filed Any opposition to the motion to stay [ # 2 ] is due no later than seven days from the date of filing of this order. Any reply in support of the motion is due no later than three days after the filing of the last opposition. (Per Curiam). Service as of this date by the Clerk of Court. [632283] [LMS] [Entered: 08/30/2019 11:41 AM]
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Filing 11
ORDER granting motion for leave to intervene [ # 9 ]. The revised official caption is reflected in the order. Service as of this date by the Clerk of Court. [632050] [LMS] [Entered: 08/29/2019 03:34 PM]
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Filing 10
Entry of appearance for Houda Morad as principal counsel for Appellee ITC. Service: 08/29/2019 by email. [631976] [19-2320] [Houda Morad] [Entered: 08/29/2019 02:09 PM]
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Filing 9
MOTION of Caterpillar, Inc., Caterpillar Paving Products, Inc. for leave to intervene [Consent: unopposed]. Service: 08/22/2019 by email. [631970] [19-2320] [Luke McCammon] [Entered: 08/29/2019 01:59 PM]
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Filing 8
Certificate of Interest for Caterpillar, Inc., Caterpillar Paving Products, Inc.. Service: 08/29/2019 by email. [631968] [19-2320] [Luke McCammon] [Entered: 08/29/2019 01:56 PM]
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Filing 7
Entry of appearance for Jonathan J. Fagan as of counsel for Caterpillar, Inc., Caterpillar Paving Products, Inc.. Service: 08/29/2019 by email. [631967] [19-2320] [Luke McCammon] [Entered: 08/29/2019 01:55 PM]
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Filing 6
Entry of appearance for Mareesa A. Frederick as of counsel for Caterpillar, Inc., Caterpillar Paving Products, Inc.. Service: 08/29/2019 by email. [631966] [19-2320] [Luke McCammon] [Entered: 08/29/2019 01:54 PM]
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Filing 5
Entry of appearance for James R. Barney as of counsel for Caterpillar, Inc., Caterpillar Paving Products, Inc.. Service: 08/29/2019 by email. [631965] [19-2320] [Luke McCammon] [Entered: 08/29/2019 01:52 PM]
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Filing 4
Entry of appearance for Luke J. McCammon as principal counsel for Caterpillar, Inc.; Caterpillar Paving Products, Inc.. Service: 08/29/2019 by email. [631962] [19-2320] [Luke McCammon] [Entered: 08/29/2019 01:50 PM]
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Filing 3
Confidential 'Motion for Stay Pending Review - Immediate Action Requested' filed by Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH corresponding to Doc. No. [ # 2 ]. Service: 08/27/2019 by email. [631599] [SJ] [Entered: 08/28/2019 10:34 AM]
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Filing 2
MOTION of Appellants Joseph Vogele AG, Wirtgen America, Inc., Wirtgen GmbH and Wirtgen Group Holding GmbH for an emergency stay pending appeal under Rule 8/18 [Consent: opposed]. Service: 08/27/2019 by email. [631597] [SJ] [Entered: 08/28/2019 10:29 AM]
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Filing 1
Appeal docketed. Received: 08/27/2019. [631596] Entry of Appearance due 09/11/2019. Certificate of Interest is due on 09/11/2019. Docketing Statement due 09/27/2019. Certified List due on 10/07/2019. [SJ] [Entered: 08/28/2019 10:25 AM]
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