Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 1 of 24 PageID #:
`14840
`
`
`
`
`
`Exhibit 3
`
`
`
`
`
`
`
`

`

`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`v.
`
`
`CATERPILLAR INC.,
`
`
`Defendant/Counterclaim-Plaintiff.
`
`
`
`
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 2 of 24 PageID #:
`14841
`
`
`
`
`
`
`WIRTGEN AMERICA, INC.,
`
`
`Plaintiff/Counterclaim-Defendant,
`
`
`
`
`
`
`
`C.A. No. 17-770-JDW
`
`JURY TRIAL DEMANDED
`
`
`
`
`NON-PARTY CATERPILLAR TRIMBLE CONTROL TECHNOLOGIES LLC’S
`AMENDED OBJECTIONS AND RESPONSES TO WIRTGEN AMERICA, INC.’S
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`Pursuant to Rule 45 of the Federal Rules of Civil Procedure, and the Local Rules of Civil
`
`Procedure of the United States District Court for the District of Delaware (the “Local Rules”), non-
`
`party Caterpillar Trimble Control Technologies LLC (“CTCT”), by and through its undersigned
`
`counsel, hereby responds to Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.’s (“Wirtgen
`
`America’s”) Subpoena to Testify at a Deposition in a Civil Action, dated September 1, 2022 (the
`
`“Subpoena”) issued in the above-captioned matter (the “Action”), as follows:
`
`GENERAL OBJECTIONS AND RESERVATION OF RIGHTS
`
`CTCT makes the following General Objections to the Subpoena. The General Objections
`
`apply to each Request for Production (“Request”) and each Topic for Examination (“Topic”) and
`
`are incorporated by reference into the specific responses and objections to each Request and each
`
`Topic, whether or not fully set forth in the specific objections and responses to each Request or
`
`each Topic. The assertion of the same, similar, or additional objections in the specific objections
`
`and responses to each Request or each Topic, or elsewhere, does not waive or limit any of CTCT’s
`
`General Objections.
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 3 of 24 PageID #:
`14842
`
`
`
`
`
`
`
`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.
`
`
`
`2
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 4 of 24 PageID #:
`14843
`
`
`
`
`
`
`
`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.
`
`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
`
`
`
`3
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 5 of 24 PageID #:
`14844
`
`
`
`
`
`
`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.
`
`OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS
`(DOCUMENTS AND THINGS TO BE PRODUCED)
`
`CTCT objects to the Definitions and Instructions to the extent that they purport to
`
`1.
`
`impose obligations on CTCT beyond the obligations to which the parties have agreed in their own
`
`document search and production protocol. CTCT further objects to the Definitions and
`
`Instructions to the extent they seek to impose 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.
`
`2.
`
`CTCT objects to the Definitions and Instructions to the extent they would result in
`
`Requests that are vague, ambiguous, unclear or overly broad and/or would require CTCT to
`
`
`
`4
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 6 of 24 PageID #:
`14845
`
`
`
`conduct searches broader than a reasonable and diligent search of reasonably accessible files
`
`
`
`
`(including electronic files) where responsive information reasonably would be expected to be
`
`found.
`
`3.
`
`CTCT objects to the definitions of “CTCT,” “You” and “Your” as vague,
`
`ambiguous, indefinite, overbroad, unduly burdensome, seeking the production of information that
`
`is not relevant to the claim or defense of any party, not proportional to the needs of the case, and
`
`seeking the production of information that is not within CTCT’s possession, custody, or control
`
`and is not reasonably accessible to CTCT upon reasonable diligence. In particular, CTCT objects
`
`to these definitions to the extent they seek to require CTCT to answer on behalf of any other person
`
`or entity. CTCT responds to the Subpoena on its own behalf only.
`
`4.
`
`CTCT objects to the instructions related to the term “identify” to the extent they
`
`exceed the scope of non-party discovery permitted by law and by the Federal Rules of Civil
`
`Procedure and/or purport to shift burdens that belong to the parties to the litigation.
`
`SPECIFIC OBJECTIONS AND RESPONSES
`TO REQUESTS FOR PRODUCTION
`
`The General Objections and Objections to Definitions and Instructions are incorporated
`
`into the objections and responses to each Request for Production below.
`
`REQUEST FOR PRODUCTION NO. 1:
`
`All documents, communications, and things related to the relationship between You and
`
`Caterpillar regarding U.S. Patent Nos. 7,828,309 (“the ‘309 Patent”), 8,118,316 (“the ‘316
`
`Patent”), 7,530,641 (“the ‘641 Patent’”), 8,113,592 (“the ‘592 Patent’”), 9,010,871 (“the ‘871
`
`Patent’”), 9,656,530 (“the ‘530 Patent’”), 7,946,788 (“the ‘788 Patent’”), 8,511,932 (“the ‘932
`
`Patent’”), 8,690,474 (“the ‘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’”).
`
`
`
`5
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 7 of 24 PageID #:
`14846
`
`
`
`
`
`
`RESPONSE TO REQUEST FOR PRODUCTION NO. 1:
`
`
`
`CTCT incorporates all of its General Objections and Objections to Definitions and
`
`Instructions as if specifically set forth herein. CTCT specifically objects to this Request 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 Request under Federal Rule of Civil Procedure 45 to
`
`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
`
`information responsive to the Request. CTCT objects to this Request 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 Request 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 Request as overly broad and unduly burdensome as
`
`seeking “all” documents, communications, and things “related to” the requested materials
`
`regardless of relevance, volume, or time.
`
`
`
`Subject to and without waiving these objections, CTCT will produce reasonably accessible,
`
`non-privileged documents, communications, and things in CTCT’s possession, custody, or control
`
`that are relevant to this Action and that are not duplicative of documents, communications, and
`
`things already produced by the parties to this Action.
`
`REQUEST FOR PRODUCTION NO. 2:
`
`Documents sufficient to identify or describe a list of all work requests, statements of
`
`work, invoices, contracts, or agreements between You and Caterpillar regarding any of the
`
`following products:
`
` Caterpillar PM310 Cold Planer Machines;
`
` Caterpillar PM312 Cold Planer Machines;
`
`
`
`6
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 8 of 24 PageID #:
`14847
`
`
`
`
`
`
`
` 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 REQUEST FOR PRODUCTION NO. 2:
`
`
`
`CTCT incorporates all of its General Objections and Objections to Definitions and
`
`Instructions as if specifically set forth herein. CTCT specifically objects to this Request 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 Request under Federal Rule of Civil Procedure 45 to
`
`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
`
`information responsive to the Request. CTCT objects to this Request 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 Request 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 Request as overly broad and unduly burdensome as
`
`seeking documents “identify[ing] or describ[ing]” the requested materials regardless of relevance,
`
`volume, or time.
`
`
`
`Subject to and without waiving these objections, CTCT will produce reasonably accessible,
`
`non-privileged documents, communications, and things in CTCT’s possession, custody, or control
`
`
`
`7
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 9 of 24 PageID #:
`14848
`
`
`
`that are relevant to this Action and that are not duplicative of documents, communications, and
`
`
`
`
`things already produced by the parties to this Action.
`
`REQUEST FOR PRODUCTION NO. 3:
`
`All documents and communications related to the research, design, development,
`
`manufacture, assembly, importation, or 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 REQUEST FOR PRODUCTION 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 Request 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 Request under Federal Rule of Civil Procedure 45 to
`
`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
`
`
`
`8
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 10 of 24 PageID #:
`14849
`
`
`
`information responsive to the Request. CTCT objects to this Request 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 Request 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 Request as overly broad and unduly burdensome as
`
`seeking “all” documents and communications “related to” the requested materials regardless of
`
`relevance, volume, or time.
`
`
`
`Subject to and without waiving these objections, CTCT will produce reasonably accessible,
`
`non-privileged documents, communications, and things in CTCT’s possession, custody, or control
`
`that are relevant to this Action and that are not duplicative of documents, communications, and
`
`things already produced by the parties to this Action.
`
`REQUEST FOR PRODUCTION NO. 4:
`
`All documents and communications related to 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;
`
`
`
`9
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 11 of 24 PageID #:
`14850
`
`
`
`
`
`
`
` Caterpillar PM825 Cold Planer Machines; and
`
` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
`
`Planer Machines.
`
`RESPONSE TO REQUEST FOR PRODUCTION NO. 4:
`
`
`
`CTCT incorporates all of its General Objections and Objections to Definitions and
`
`Instructions as if specifically set forth herein. CTCT specifically objects to this Request 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 Request under Federal Rule of Civil Procedure 45 to
`
`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
`
`information responsive to the Request. CTCT objects to this Request 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 Request 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 Request as overly broad and unduly burdensome as
`
`seeking “all” documents and communications “related to” the requested materials regardless of
`
`relevance, volume, or time.
`
`
`
`Subject to and without waiving these objections, CTCT will produce reasonably accessible,
`
`non-privileged documents, communications, and things in CTCT’s possession, custody, or control
`
`that are relevant to this Action and that are not duplicative of documents, communications, and
`
`things already produced by the parties to this Action.
`
`REQUEST FOR PRODUCTION NO. 5:
`
`Documents sufficient to identify any entity or person involved in the research, design,
`
`development, manufacture, assembly, importation, or testing of the control system, including
`
`
`
`10
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 12 of 24 PageID #:
`14851
`
`
`
`
`
`
`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 REQUEST FOR PRODUCTION NO. 5:
`
`
`
`CTCT incorporates all of its General Objections and Objections to Definitions and
`
`Instructions as if specifically set forth herein. CTCT specifically objects to this Request 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 Request under Federal Rule of Civil Procedure 45 to
`
`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
`
`information responsive to the Request. CTCT objects to this Request 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 Request 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 Request as overly broad and unduly burdensome as
`
`
`
`11
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 13 of 24 PageID #:
`14852
`
`
`
`seeking documents “identify[ing]” the requested materials regardless of relevance, volume, or
`
`
`
`
`time.
`
`
`
`Subject to and without waiving these objections, CTCT will produce reasonably accessible,
`
`non-privileged documents, communications, and things in CTCT’s possession, custody, or control
`
`that are relevant to this Action and that are not duplicative of documents, communications, and
`
`things already produced by the parties to this Action.
`
`REQUEST FOR PRODUCTION NO. 6:
`
`All technical documentation, including but not limited to schematics, specifications,
`
`design documents, engineering drawings, customer drawings, production drawings,
`
`prototype drawings, presentation materials, parts lists, installation instructions, integration
`
`support materials, operation manuals, data sheets, protocol conformance documents, wiring
`
`diagrams, bills of materials, component lists, testing reports, responses to requests for
`
`proposals, patch files, and Source Code, for 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
`
`
`
`12
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 14 of 24 PageID #:
`14853
`
`
`
`
`
`
`
` Any Caterpillar PM300 Series, PM600 Series, and PM800 Series of Cold
`
`Planer Machines.
`
`RESPONSE TO REQUEST FOR PRODUCTION NO. 6:
`
`
`
`CTCT incorporates all of its General Objections and Objections to Definitions and
`
`Instructions as if specifically set forth herein. CTCT specifically objects to this Request 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 Request under Federal Rule of Civil Procedure 45 to
`
`the extent it imposes a “significant expense” on non-party CTCT to search for and produce
`
`information responsive to the Request. CTCT objects to this Request 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 Request 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 Request as overly broad and unduly burdensome as
`
`seeking “all” technical documentation for the requested materials regardless of relevance, volume,
`
`or time.
`
`
`
`Subject to and without waiving these objections, CTCT will produce reasonably accessible,
`
`non-privileged documents, communications, and things in CTCT’s possession, custody, or control
`
`that are relevant to this Action and that are not duplicative of documents, communications, and
`
`things already produced by the parties to this Action.
`
`
`
`
`
`
`
`
`
`
`
`13
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 15 of 24 PageID #:
`14854
`
`
`
`
`
`
`
`OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS
`(REQUEST FOR DEPOSITION)
`
`CTCT objects to the Definitions and Instructions to the extent they seek to impose
`
`1.
`
`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.
`
`2.
`
`CTCT objects to the Definitions and Instructions to the extent they would result in
`
`Topics that are vague, ambiguous, or overly broad.
`
`3.
`
`CTCT objects to the definitions of “CTCT,” “You” and “Your” as vague,
`
`ambiguous, indefinite, overbroad, unduly burdensome, seeking the production of information that
`
`is not relevant to the claim or defense of any party, not proportional to the needs of the case, and
`
`seeking the production of information that is not within CTCT’s possession, custody, or control
`
`and is not reasonably accessible to CTCT upon reasonable diligence. In particular, CTCT objects
`
`to these definitions to the extent they seek to require CTCT to answer on behalf of any other person
`
`or entity. CTCT responds to the Subpoena on its own behalf only.
`
`4.
`
`CTCT objects to the instructions related to the term “identify” to the extent they
`
`exceed the scope of non-party discovery permitted by law and by the Federal Rules of Civil
`
`Procedure and/or purport to shift burdens that belong to the parties to the litigation.
`
`SPECIFIC OBJECTIONS AND RESPONSES
`TO TOPICS FOR EXAMINATION
`
`The General Objections and Objections to Definitions and Instructions are incorporated
`
`into the objections and responses to each Topic for Examination below.
`
`TOPIC FOR EXAMINATION NO. 1:
`
`
`
`Communications related to the relationship between You and Caterpillar regarding any
`
`of U.S. Patent Nos. 7,828,309 (“the ‘309 Patent”), 8,118,316 (“the ‘316 Patent”), 7,530,641 (“the
`
`
`
`14
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 16 of 24 PageID #:
`14855
`
`
`
`
`
`
`‘641 Patent’”), 8,113,592 (“the ‘592 Patent’”), 9,010,871 (“the ‘871 Patent’”), 9,656,530 (“the
`
`‘530 Patent’”), 7,946,788 (“the ‘788 Patent’”), 8,511,932 (“the ‘932 Patent’”), 8,690,474 (“the
`
`‘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:
`
`
`
`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.
`
`
`
`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:
`
`
`
`Any work requests, statements of work, contracts, invoices, or agreements between You
`
`and Caterpillar regarding any of the following products:
`
` Caterpillar PM310 Cold Planer Machines;
`
` Caterpillar PM312 Cold Planer Machines;
`
`
`
`15
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 17 of 24 PageID #:
`14856
`
`
`
`
`
`
`
` 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. 2:
`
`
`
`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.
`
`
`
`Subject to and without waiving these objections, CTCT is willing to meet and confer with
`
`Wirtgen America about this Topic.
`
`
`
`
`
`16
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 18 of 24 PageID #:
`14857
`
`
`
`
`
`
`TOPIC FOR EXAMINATION NO. 3:
`
`The
`
`research, design, development, manufacture, assembly,
`
`importation, or
`
`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
`
`
`
`17
`
`

`

`Case 1:17-cv-00770-JDW-MPT Document 134-3 Filed 01/09/23 Page 19 of 24 PageID #:
`14858
`
`
`
`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.
`
`
`
`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