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INTERNATIONAL CONSTRUCTION PRODUCTS LLC v. CATERPILLAR INC.

Civil Action No. 15-108-RGA.

INTERNATIONAL CONSTRUCTION PRODUCTS LLC, Plaintiff; v. CATERPILLAR INC., KOMATSU CiviIAction No. 15-108-RGA AMERICA CORP., VOLVO· CONSTRUCTION EQUIPMENT NORTH AMERICA, LLC and ASSOCIATED AUCTION SERVICES, LLC d/b/a CAT AUCTION SERVICES, Defendants.

United States District Court, D. Delaware.

January 21, 2016.

Attorney(s) appearing for the Case

International Construction Products LLC, Plaintiff, represented by John W. Shaw , Shaw Keller LLP.

International Construction Products LLC, Plaintiff, represented by Amy J. Mauser.

International Construction Products LLC, Plaintiff, represented by Christopher G. Renner & David M. Fry , Shaw Keller LLP.

International Construction Products LLC, Plaintiff, represented by James P. Denvir.

Caterpillar Inc., Defendant, represented by Danyll W. Foix.

Caterpillar Inc., Defendant, represented by David J. Baldwin , Potter Anderson & Corroon, LLP.

Caterpillar Inc., Defendant, represented by Gregory J. Commins, Jr..

Caterpillar Inc., Defendant, represented by Robert G. Abrams.

Komatsu America Corp., Defendant, represented by Denise Seastone Kraft , DLA Piper LLP & Brian A. Biggs , DLA Piper LLP.

Komatsu America Corp., Defendant, represented by David H Bamberger.

Komatsu America Corp., Defendant, represented by James F Reardon.

Komatsu America Corp., Defendant, represented by Katherine M Ruffing & Laura D. Hatcher , DLA Piper LLP.

Volvo Construction Equipment North America LLC, Defendant, represented by James Harry Stone Levine , Pepper Hamilton LLP.

Volvo Construction Equipment North America LLC, Defendant, represented by Jeremy Heep & M. Duncan Grant , Pepper Hamilton LLP.

Volvo Construction Equipment North America LLC, Defendant, represented by Melissa Hatch O'Donnell.

Volvo Construction Equipment North America LLC, Defendant, represented by Robin Sumner.

Associated Auction Services LLC, Defendant, represented by Edward F. Eaton , Connolly Gallagher LLP & Henry E. Gallagher, Jr. , Connolly Gallagher LLP.

Associated Auction Services LLC, Defendant, represented by Kelly W. Hoversten.

Associated Auction Services LLC, Defendant, represented by Quentin R. Wittrock.

MEMORANDUM OPINION

Presently before the Court are motions to dismiss filed by defendants Caterpillar Inc., Volvo Construction Equipment North America, LLC, Komatsu America Corp., and Associated Auction Services LLC ("AAS"). (D.I. 27, 28, 30, 33). Defendants request dismissal pursuant to Fed. R. Civ....

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