Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 1 of 24 PageID #:
`14816
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`Exhibit 2
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`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
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`v.
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`CATERPILLAR INC.,
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`Defendant/Counterclaim-Plaintiff.
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 2 of 24 PageID #:
`14817
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`WIRTGEN AMERICA, INC.,
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`Plaintiff/Counterclaim-Defendant,
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`NON-PARTY CATERPILLAR TRIMBLE CONTROL TECHNOLOGIES LLC’S
`OBJECTIONS AND RESPONSES TO WIRTGEN AMERICA, INC.’S SUBPOENA TO
`TESTIFY AT A DEPOSITION IN A CIVIL ACTION
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`Pursuant to Rule 45 of the Federal Rules of Civil Procedure, and the Local Rules of Civil
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`Procedure of the United States District Court for the District of Delaware (the “Local Rules”), non-
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`party Caterpillar Trimble Control Technologies LLC (“CTCT”), by and through its undersigned
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`counsel, hereby responds to Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.’s (“Wirtgen
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`America’s”) Subpoena to Testify at a Deposition in a Civil Action, dated September 1, 2022 (the
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`“Subpoena”) issued in the above-captioned matter (the “Action”), as follows:
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`GENERAL OBJECTIONS AND RESERVATION OF RIGHTS
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`CTCT makes the following General Objections to the Subpoena. The General Objections
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`apply to each Request for Production (“Request”) and each Topic for Examination (“Topic”) and
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`are incorporated by reference into the specific responses and objections to each Request and each
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`Topic, whether or not fully set forth in the specific objections and responses to each Request or
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`each Topic. The assertion of the same, similar, or additional objections in the specific objections
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`and responses to each Request or each Topic, or elsewhere, does not waive or limit any of CTCT’s
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`General Objections.
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 3 of 24 PageID #:
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`1.
`CTCT objects to the Subpoena to the extent it seeks documents and/or testimony
`beyond the limitations of non-party discovery imposed by Federal Rules of Civil Procedure 26(b)
`and 45.
`2.
`CTCT objects to the Subpoena under Federal Rule of Civil Procedure 45 to the
`extent the cost of complying would impose a “significant expense” on non-party CTCT.
`3.
`CTCT objects to the date, time, and place for the deposition and the production of
`documents set out in the Subpoena. CTCT is willing to meet and confer regarding the date, time,
`and place for the deposition and the production of documents.
`4.
`CTCT objects to the Subpoena to the extent it seeks information that is not
`relevant to the claim or defense of any party and is not reasonably calculated to lead to the
`discovery of admissible evidence.
`5.
`CTCT objects to the Subpoena to the extent the requested information may be
`obtained from sources, such as parties to the action or other non-parties, from which production
`would be less burdensome.
`6.
`CTCT objects to the Subpoena to the extent it seeks information that is already in
`the possession, custody, or control of the requesting party, or is otherwise equally accessible and
`available to the requesting party from other sources (including itself, other parties to the case, the
`public record, and other non-parties).
`7.
`CTCT objects to the Subpoena to the extent it seeks information that is not within
`CTCT’s possession, custody, or control, or that cannot be found in the course of a reasonable
`search.
`8.
`CTCT objects to the Subpoena to the extent it seeks information protected from
`disclosure by the attorney-client privilege, the work product doctrine, and/or any other privileges
`and immunities. The production of any such information is unintentional and inadvertent, and
`CTCT does not intend to waive any applicable objection or privilege through such production.
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`2
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 4 of 24 PageID #:
`14819
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`9.
`CTCT objects to the Subpoena to the extent it seeks confidential and/or
`proprietary information. Such information, to the extent it is not privileged or otherwise
`objectionable, will be provided only pursuant to the protective order in this Action.
`10.
`CTCT objects to the Subpoena to the extent it seeks confidential information
`belonging to third parties and/or otherwise subject to third-party confidentiality obligations.
`Such information and documents will be produced only pursuant to agreements CTCT has made
`or subsequently reaches with those third parties.
`11.
`CTCT objects to the Subpoena to the extent it seeks personal private information
`that would impinge on any protected right to privacy of individuals, including any statutory,
`constitutional, or common law right of privacy.
`12.
`CTCT objects to the Subpoena to the extent that it is vague, ambiguous, indefinite,
`unintelligible, or otherwise unclear as to the information it seeks.
`13.
`CTCT objects to the Subpoena to the extent it is overly broad, duplicative,
`cumulative, unduly burdensome, oppressive or constitutes an abuse of process, particularly
`where the Subpoena is unduly burdensome in light of the cost necessary to investigate as weighed
`against the need for and the relevance of the requested information.
`14.
`CTCT objects to the Subpoena to the extent it lacks a reasonably limited temporal
`and geographic scope. To the extent any information is produced, such production shall be made
`after a search that is reasonably limited to information from relevant time periods and relevant
`geographic areas.
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`15.
`CTCT objects to the Subpoena insofar as it: (i) seeks discovery regarding CTCT’s
`legal theories and conclusions; and/or (ii) covers expert witness opinion.
`16.
`In producing information in response to the Subpoena, CTCT does not intend to
`waive any privilege or objection, including, but not limited to, any objection to the competency,
`relevance, materiality, or admissibility of any of the requests, CTCT’s responses thereto, or their
`subject matter. Further, no admissions (incidental, implied, or otherwise) are intended by any
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`3
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 5 of 24 PageID #:
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`such responses, including, without limitation, that any statement or characterization in the
`Subpoena is accurate or complete. In addition, the fact that CTCT may respond to the Subpoena
`should not be taken as an admission that CTCT accepts or admits the existence of any
`information, things, or matters presumed by the Subpoena. The fact that CTCT may respond to
`part or all of the Subpoena is not intended to be, and shall not be construed to be, a waiver by
`CTCT of any part of any objection to the Subpoena.
`17.
`CTCT reserves the right to assert additional objections as appropriate and to
`supplement these objections and responses if CTCT deems necessary.
`18.
`Any statement that CTCT will produce documents in response to any document
`request is not a representation that such documents exist, but rather that any such responsive,
`relevant, non-privileged, non-confidential documents that are in CTCT’s possession, custody
`and/or control and that are located after a reasonable search will be produced subject to CTCT’s
`objections.
`19.
`CTCT’s responses to the Subpoena are based upon its present information and
`understanding. CTCT reserves the right to amend these responses.
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`OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS
`(DOCUMENTS AND THINGS TO BE PRODUCED)
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`CTCT objects to the Definitions and Instructions to the extent that they purport to
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`1.
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`impose obligations on CTCT beyond the obligations to which the parties have agreed in their own
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`document search and production protocol. CTCT further objects to the Definitions and
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`Instructions to the extent they seek to impose on non-party CTCT obligations beyond what is
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`required by the applicable law and rules, including the Federal Rules of Civil Procedure, the Local
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`Rules, or any Order of the Court.
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`2.
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`CTCT objects to the Definitions and Instructions to the extent they would result in
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`Requests that are vague, ambiguous, unclear or overly broad and/or would require CTCT to
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`4
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 6 of 24 PageID #:
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`conduct searches broader than a reasonable and diligent search of reasonably accessible files
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`(including electronic files) where responsive information reasonably would be expected to be
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`found.
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`3.
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`CTCT objects to the definitions of “CTCT,” “You” and “Your” as vague,
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`ambiguous, indefinite, overbroad, unduly burdensome, seeking the production of information that
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`is not relevant to the claim or defense of any party, not proportional to the needs of the case, and
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`seeking the production of information that is not within CTCT’s possession, custody, or control
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`and is not reasonably accessible to CTCT upon reasonable diligence. In particular, CTCT objects
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`to these definitions to the extent they seek to require CTCT to answer on behalf of any other person
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`or entity. CTCT responds to the Subpoena on its own behalf only.
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`4.
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`CTCT objects to the instructions related to the term “identify” to the extent they
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`exceed the scope of non-party discovery permitted by law and by the Federal Rules of Civil
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`Procedure and/or purport to shift burdens that belong to the parties to the litigation.
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`SPECIFIC OBJECTIONS AND RESPONSES
`TO REQUESTS FOR PRODUCTION
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`The General Objections and Objections to Definitions and Instructions are incorporated
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`into the objections and responses to each Request for Production below.
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`REQUEST FOR PRODUCTION NO. 1:
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`All documents, communications, and things related to the relationship between You and
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`Caterpillar regarding U.S. Patent Nos. 7,828,309 (“the ‘309 Patent”), 8,118,316 (“the ‘316
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`Patent”), 7,530,641 (“the ‘641 Patent’”), 8,113,592 (“the ‘592 Patent’”), 9,010,871 (“the ‘871
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`Patent’”), 9,656,530 (“the ‘530 Patent’”), 7,946,788 (“the ‘788 Patent’”), 8,511,932 (“the ‘932
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`Patent’”), 8,690,474 (“the ‘474 Patent’”), RE48,268 (“the ‘268 Patent’”), 8,424,972 (“the ‘972
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`Patent’”), 9,879,390 (“the ‘390 Patent’”), 9,879,391 (“the ‘391 Patent’”).
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`5
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 7 of 24 PageID #:
`14822
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 1:
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`CTCT incorporates all of its General Objections and Objections to Definitions and
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`Instructions as if specifically set forth herein. CTCT specifically objects to this Request to the
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`extent it seeks information beyond the limitations of non-party discovery imposed by Federal Rule
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`of Civil Procedure 45. CTCT objects to this Request under Federal Rule of Civil Procedure 45 to
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`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
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`information responsive to the Request. CTCT objects to this Request to the extent it seeks
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`information that is not relevant to the claims or defenses of any party and is not proportional to the
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`needs of the case. CTCT objects to this Request to the extent it seeks information protected from
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`disclosure by the attorney-client privilege and/or work-product doctrine, or any other applicable
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`privilege or protection. CTCT objects to this Request as overly broad and unduly burdensome as
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`seeking “all” documents, communications, and things “related to” the requested materials
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`regardless of relevance, volume, or time.
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`Subject to and without waiving these objections, CTCT will produce the documents,
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`communications, and things that CTCT produced in response to Wirtgen America’s Subpoena
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`Duces Tecum and Ad Testificandum to CTCT in In the Matter of Certain Road Milling Machines
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`and Components Thereof, Inv. No. 337-TA-1067 (USITC).
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`REQUEST FOR PRODUCTION NO. 2:
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`Documents sufficient to identify or describe a list of all work requests, statements of
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`work, invoices, contracts, or agreements between You and Caterpillar regarding any of the
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`following products:
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` Caterpillar PM310 Cold Planer Machines;
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` Caterpillar PM312 Cold Planer Machines;
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 8 of 24 PageID #:
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` Caterpillar PM313 Cold Planer Machines;
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` Caterpillar PM620 Cold Planer Machines;
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` Caterpillar PM622 Cold Planer Machines;
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` Caterpillar PM820 Cold Planer Machines;
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` Caterpillar PM822 Cold Planer Machines;
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` Caterpillar PM825 Cold Planer Machines; and
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` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
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`Planer Machines.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 2:
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`CTCT incorporates all of its General Objections and Objections to Definitions and
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`Instructions as if specifically set forth herein. CTCT specifically objects to this Request to the
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`extent it seeks information beyond the limitations of non-party discovery imposed by Federal Rule
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`of Civil Procedure 45. CTCT objects to this Request under Federal Rule of Civil Procedure 45 to
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`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
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`information responsive to the Request. CTCT objects to this Request to the extent it seeks
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`information that is not relevant to the claims or defenses of any party and is not proportional to the
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`needs of the case. CTCT objects to this Request to the extent it seeks information protected from
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`disclosure by the attorney-client privilege and/or work-product doctrine, or any other applicable
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`privilege or protection. CTCT objects to this Request as overly broad and unduly burdensome as
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`seeking documents “identify[ing] or describ[ing]” the requested materials regardless of relevance,
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`volume, or time.
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`Subject to and without waiving these objections, CTCT will produce the documents,
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`communications, and things that CTCT produced in response to Wirtgen America’s Subpoena
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 9 of 24 PageID #:
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`Duces Tecum and Ad Testificandum to CTCT in In the Matter of Certain Road Milling Machines
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`and Components Thereof, Inv. No. 337-TA-1067 (USITC).
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`REQUEST FOR PRODUCTION NO. 3:
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`All documents and communications related to the research, design, development,
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`manufacture, assembly, importation, or testing of any control system, including without
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`limitation hardware and software thereof, implemented in, or capable of being implemented in,
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`any of the following products:
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` Caterpillar PM310 Cold Planer Machines;
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` Caterpillar PM312 Cold Planer Machines;
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` Caterpillar PM313 Cold Planer Machines;
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` Caterpillar PM620 Cold Planer Machines;
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` Caterpillar PM622 Cold Planer Machines;
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` Caterpillar PM820 Cold Planer Machines;
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` Caterpillar PM822 Cold Planer Machines;
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` Caterpillar PM825 Cold Planer Machines; and
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` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
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`Planer Machines.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 3:
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`CTCT incorporates all of its General Objections and Objections to Definitions and
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`Instructions as if specifically set forth herein. CTCT specifically objects to this Request to the
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`extent it seeks information beyond the limitations of non-party discovery imposed by Federal Rule
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`of Civil Procedure 45. CTCT objects to this Request under Federal Rule of Civil Procedure 45 to
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`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 10 of 24 PageID #:
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`information responsive to the Request. CTCT objects to this Request to the extent it seeks
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`information that is not relevant to the claims or defenses of any party and is not proportional to the
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`needs of the case. CTCT objects to this Request to the extent it seeks information protected from
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`disclosure by the attorney-client privilege and/or work-product doctrine, or any other applicable
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`privilege or protection. CTCT objects to this Request as overly broad and unduly burdensome as
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`seeking “all” documents and communications “related to” the requested materials regardless of
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`relevance, volume, or time.
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`Subject to and without waiving these objections, CTCT will produce the documents,
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`communications, and things that CTCT produced in response to Wirtgen America’s Subpoena
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`Duces Tecum and Ad Testificandum to CTCT in In the Matter of Certain Road Milling Machines
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`and Components Thereof, Inv. No. 337-TA-1067 (USITC).
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`REQUEST FOR PRODUCTION NO. 4:
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`All documents and communications related to any co-development between You,
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`Caterpillar, or any other third party concerning the control system, including without limitation
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`hardware and software thereof, implemented in, or capable of being implemented in, any of the
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`following products:
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` Caterpillar PM310 Cold Planer Machines;
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` Caterpillar PM312 Cold Planer Machines;
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` Caterpillar PM313 Cold Planer Machines;
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` Caterpillar PM620 Cold Planer Machines;
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` Caterpillar PM622 Cold Planer Machines;
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` Caterpillar PM820 Cold Planer Machines;
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` Caterpillar PM822 Cold Planer Machines;
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 11 of 24 PageID #:
`14826
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` Caterpillar PM825 Cold Planer Machines; and
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` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
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`Planer Machines.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 4:
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`CTCT incorporates all of its General Objections and Objections to Definitions and
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`Instructions as if specifically set forth herein. CTCT specifically objects to this Request to the
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`extent it seeks information beyond the limitations of non-party discovery imposed by Federal Rule
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`of Civil Procedure 45. CTCT objects to this Request under Federal Rule of Civil Procedure 45 to
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`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
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`information responsive to the Request. CTCT objects to this Request to the extent it seeks
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`information that is not relevant to the claims or defenses of any party and is not proportional to the
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`needs of the case. CTCT objects to this Request to the extent it seeks information protected from
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`disclosure by the attorney-client privilege and/or work-product doctrine, or any other applicable
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`privilege or protection. CTCT objects to this Request as overly broad and unduly burdensome as
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`seeking “all” documents and communications “related to” the requested materials regardless of
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`relevance, volume, or time.
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`
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`Subject to and without waiving these objections, CTCT will produce the documents,
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`communications, and things that CTCT produced in response to Wirtgen America’s Subpoena
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`Duces Tecum and Ad Testificandum to CTCT in In the Matter of Certain Road Milling Machines
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`and Components Thereof, Inv. No. 337-TA-1067 (USITC).
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`REQUEST FOR PRODUCTION NO. 5:
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`Documents sufficient to identify any entity or person involved in the research, design,
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`development, manufacture, assembly, importation, or testing of the control system, including
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`10
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 12 of 24 PageID #:
`14827
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`without limitation hardware and software thereof, implemented in, or capable of being
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`implemented in, any of the following products:
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` Caterpillar PM310 Cold Planer Machines;
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` Caterpillar PM312 Cold Planer Machines;
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` Caterpillar PM313 Cold Planer Machines;
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` Caterpillar PM620 Cold Planer Machines;
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` Caterpillar PM622 Cold Planer Machines;
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` Caterpillar PM820 Cold Planer Machines;
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` Caterpillar PM822 Cold Planer Machines;
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` Caterpillar PM825 Cold Planer Machines; and
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` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
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`Planer Machines.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 5:
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`CTCT incorporates all of its General Objections and Objections to Definitions and
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`Instructions as if specifically set forth herein. CTCT specifically objects to this Request to the
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`extent it seeks information beyond the limitations of non-party discovery imposed by Federal Rule
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`of Civil Procedure 45. CTCT objects to this Request under Federal Rule of Civil Procedure 45 to
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`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
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`information responsive to the Request. CTCT objects to this Request to the extent it seeks
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`information that is not relevant to the claims or defenses of any party and is not proportional to the
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`needs of the case. CTCT objects to this Request to the extent it seeks information protected from
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`disclosure by the attorney-client privilege and/or work-product doctrine, or any other applicable
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`privilege or protection. CTCT objects to this Request as overly broad and unduly burdensome as
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`11
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 13 of 24 PageID #:
`14828
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`seeking documents “identify[ing]” the requested materials regardless of relevance, volume, or
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`time.
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`Subject to and without waiving these objections, CTCT will produce the documents,
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`communications, and things that CTCT produced in response to Wirtgen America’s Subpoena
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`Duces Tecum and Ad Testificandum to CTCT in In the Matter of Certain Road Milling Machines
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`and Components Thereof, Inv. No. 337-TA-1067 (USITC).
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`REQUEST FOR PRODUCTION NO. 6:
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`All technical documentation, including but not limited to schematics, specifications,
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`design documents, engineering drawings, customer drawings, production drawings,
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`prototype drawings, presentation materials, parts lists, installation instructions, integration
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`support materials, operation manuals, data sheets, protocol conformance documents, wiring
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`diagrams, bills of materials, component lists, testing reports, responses to requests for
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`proposals, patch files, and Source Code, for the control system, including without limitation
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`hardware and software thereof, implemented in, or capable of being implemented in, any of
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`the following products:
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` Caterpillar PM310 Cold Planer Machines;
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` Caterpillar PM312 Cold Planer Machines;
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` Caterpillar PM313 Cold Planer Machines;
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` Caterpillar PM620 Cold Planer Machines;
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` Caterpillar PM622 Cold Planer Machines;
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` Caterpillar PM820 Cold Planer Machines;
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` Caterpillar PM822 Cold Planer Machines;
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` Caterpillar PM825 Cold Planer Machines; and
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`12
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`Case 1:17-cv-00770-JDW-MPT Document 134-2 Filed 01/09/23 Page 14 of 24 PageID #:
`14829
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` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
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`Planer Machines.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 6:
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`CTCT incorporates all of its General Objections and Objections to Definitions and
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`Instructions as if specifically set forth herein. CTCT specifically objects to this Request to the
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`extent it seeks information beyond the limitations of non-party discovery imposed by Federal Rule
`
`of Civil Procedure 45. CTCT objects to this Request under Federal Rule of Civil Procedure 45 to
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`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
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`information responsive to the Request. CTCT objects to this Request to the extent it seeks
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`information that is not relevant to the claims or defenses of any party and is not proportional to the
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`needs of the case. CTCT objects to this Request to the extent it seeks information protected from
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`disclosure by the attorney-client privilege and/or work-product doctrine, or any other applicable
`
`privilege or protection. CTCT objects to this Request as overly broad and unduly burdensome as
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`seeking “all” technical documentation for the requested materials regardless of relevance, volume,
`
`or time.
`
`
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`Subject to and without waiving these objections, CTCT will produce the documents,
`
`communications, and things that CTCT produced in response to Wirtgen America’s Subpoena
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`Duces Tecum and Ad Testificandum to CTCT in In the Matter of Certain Road Milling Machines
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`and Components Thereof, Inv. No. 337-TA-1067 (USITC).
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`13
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`OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS
`(REQUEST FOR DEPOSITION)
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`CTCT objects to the Definitions and Instructions to the extent they seek to impose
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`1.
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`on non-party CTCT obligations beyond what is required by the applicable law and rules, including
`
`the Federal Rules of Civil Procedure, the Local Rules, or any Order of the Court.
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`2.
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`CTCT objects to the Definitions and Instructions to the extent they would result in
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`Topics that are vague, ambiguous, or overly broad.
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`3.
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`CTCT objects to the definitions of “CTCT,” “You” and “Your” as vague,
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`ambiguous, indefinite, overbroad, unduly burdensome, seeking the production of information that
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`is not relevant to the claim or defense of any party, not proportional to the needs of the case, and
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`seeking the production of information that is not within CTCT’s possession, custody, or control
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`and is not reasonably accessible to CTCT upon reasonable diligence. In particular, CTCT objects
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`to these definitions to the extent they seek to require CTCT to answer on behalf of any other person
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`or entity. CTCT responds to the Subpoena on its own behalf only.
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`4.
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`CTCT objects to the instructions related to the term “identify” to the extent they
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`exceed the scope of non-party discovery permitted by law and by the Federal Rules of Civil
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`Procedure and/or purport to shift burdens that belong to the parties to the litigation.
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`SPECIFIC OBJECTIONS AND RESPONSES
`TO TOPICS FOR EXAMINATION
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`The General Objections and Objections to Definitions and Instructions are incorporated
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`into the objections and responses to each Topic for Examination below.
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`TOPIC FOR EXAMINATION NO. 1:
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`
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`Communications related to the relationship between You and Caterpillar regarding any
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`of U.S. Patent Nos. 7,828,309 (“the ‘309 Patent”), 8,118,316 (“the ‘316 Patent”), 7,530,641 (“the
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`‘641 Patent’”), 8,113,592 (“the ‘592 Patent’”), 9,010,871 (“the ‘871 Patent’”), 9,656,530 (“the
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`‘530 Patent’”), 7,946,788 (“the ‘788 Patent’”), 8,511,932 (“the ‘932 Patent’”), 8,690,474 (“the
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`‘474 Patent’”), RE48,268 (“the ‘268 Patent’”), 8,424,972 (“the ‘972 Patent’”), 9,879,390 (“the
`
`‘390 Patent’”), 9,879,391 (“the ‘391 Patent’”).
`
`RESPONSE TO TOPIC FOR EXAMINATION NO. 1:
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`
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`CTCT incorporates all of its General Objections and Objections to Definitions and
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`Instructions as if specifically set forth herein. CTCT specifically objects to this Topic to the extent
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`it seeks information beyond the limitations of non-party discovery imposed by Federal Rule of
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`Civil Procedure 45. CTCT objects to this Topic under Federal Rule of Civil Procedure 45 to the
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`extent it imposes a “significant expense” on non-party CTCT to prepare and testify at a deposition
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`regarding this Topic. CTCT objects to this Topic to the extent it seeks information that is not
`
`relevant to the claims or defenses of any party and is not proportional to the needs of the case.
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`CTCT objects to this Topic to the extent it seeks information protected from disclosure by the
`
`attorney-client privilege and/or work-product doctrine, or any other applicable privilege or
`
`protection. CTCT objects to this Topic as overly broad and unduly burdensome to the extent it
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`seeks testimony regarding the Topic regardless of relevance or time.
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`
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`Subject to and without waiving these objections, CTCT is willing to meet and confer with
`
`Wirtgen America about this Topic.
`
`TOPIC FOR EXAMINATION NO. 2:
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`
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`Any work requests, statements of work, contracts, invoices, or agreements between You
`
`and Caterpillar regarding any of the following products:
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` Caterpillar PM310 Cold Planer Machines;
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` Caterpillar PM312 Cold Planer Machines;
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` Caterpillar PM313 Cold Planer Machines;
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` Caterpillar PM620 Cold Planer Machines;
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` Caterpillar PM622 Cold Planer Machines;
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` Caterpillar PM820 Cold Planer Machines;
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` Caterpillar PM822 Cold Planer Machines;
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` Caterpillar PM825 Cold Planer Machines; and
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` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
`
`Planer Machines.
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`RESPONSE TO TOPIC FOR EXAMINATION NO. 2:
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`
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`CTCT incorporates all of its General Objections and Objections to Definitions and
`
`Instructions as if specifically set forth herein. CTCT specifically objects to this Topic to the extent
`
`it seeks information beyond the limitations of non-party discovery imposed by Federal Rule of
`
`Civil Procedure 45. CTCT objects to this Topic under Federal Rule of Civil Procedure 45 to the
`
`extent it imposes a “significant expense” on non-party CTCT to prepare and testify at a deposition
`
`regarding this Topic. CTCT objects to this Topic to the extent it seeks information that is not
`
`relevant to the claims or defenses of any party and is not proportional to the needs of the case.
`
`CTCT objects to this Topic to the extent it seeks information protected from disclosure by the
`
`attorney-client privilege and/or work-product doctrine, or any other applicable privilege or
`
`protection. CTCT objects to this Topic as overly broad and unduly burdensome to the extent it
`
`seeks testimony regarding the Topic regardless of relevance or time.
`
`
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`Subject to and without waiving these objections, CTCT is willing to meet and confer with
`
`Wirtgen America about this Topic.
`
`TOPIC FOR EXAMINATION NO. 3:
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`
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`
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`The
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`research, design, development, manufacture, assembly,
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`importation, or
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`testing of any control system, including without limitation hardware and software thereof,
`
`implemented in, or capable of being implemented in, any of the following products:
`
` Caterpillar PM310 Cold Planer Machines;
`
` Caterpillar PM312 Cold Planer Machines;
`
` Caterpillar PM313 Cold Planer Machines;
`
` Caterpillar PM620 Cold Planer Machines;
`
` Caterpillar PM622 Cold Planer Machines;
`
` Caterpillar PM820 Cold Planer Machines;
`
` Caterpillar PM822 Cold Planer Machines;
`
` Caterpillar PM825 Cold Planer Machines; and
`
` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
`
`Planer Machines.
`
`RESPONSE TO TOPIC FOR EXAMINATION NO. 3:
`
`
`
`CTCT incorporates all of its General Objections and Objections to Definitions and
`
`Instructions as if specifically set forth herein. CTCT specifically objects to this Topic to the extent
`
`it seeks information beyond the limitations of non-party discovery imposed by Federal Rule of
`
`Civil Procedure 45. CTCT objects to this Topic under Federal Rule of Civil Procedure 45 to the
`
`extent it imposes a “significant expense” on non-party CTCT to prepare and testify at a deposition
`
`regarding this Topic. CTCT objects to this Topic to the extent it seeks information that is not
`
`relevant to the claims or defenses of any party and is not proportional to the needs of the case.
`
`CTCT objects to this Topic to the extent it seeks information protected from disclosure by the
`
`attorney-client privilege and/or work-product doctrine, or any other applicable privilege or
`
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`protection. CTCT objects to this Topic as overly broad and unduly burdensome to the extent it
`
`
`
`
`seeks testimony regarding the Topic regardless of relevance or time.
`
`
`
`Subject to and without waiving these objections, CTCT is willing to meet and confer with
`
`Wirtgen America about this Topic.
`
`TOPIC FOR EXAMINATION NO. 4:
`
`
`
`Any co-development between You, Caterpillar, or any other
`
`third party
`
`concerning the control system, including without limitation hardware and software thereof,
`
`implemented in, or capable of being implemented in, any of the following products:
`
` Caterpillar PM310 Cold Planer Machines;
`
` Caterpillar PM312 Cold Planer Machines;
`
` Caterpillar PM313 Cold Planer Machines;
`
` Caterpillar PM620 Cold Planer Machines;
`
` Caterpillar PM622 Cold Planer Machines;
`
` Caterpillar PM820 Cold Planer Machines;
`
` Caterpillar PM822 Cold Planer Machines;
`
` Caterpillar PM825 Cold Planer Machines; and
`
` Any Caterpi