Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 1 of 10 PageID #:
`15563
`
`EXHIBIT B
`
`
`15563
`
`EXHIBIT B
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 2 of 10 PageID #:
`15564
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELEWARE
`_________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/ )
`Counterclaim Defendant, )
`vs. ) C.A. No.
`CATERPILLAR INC., ) 17-770-JDW-MPT
` Defendant/ )
`Counterclaim Plaintiff. )
`_________________________)
` CONFIDENTIAL - ATTORNEYS' EYES ONLY
`
` 30(b)(6) VIDEO DEPOSITION OF
` JEFFREY WILEY
` Friday, March 24, 2023
` 8:49 a.m. CT
`
`Reported by: Elisabeth A. Lorenz: RMR, CRR
`________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 3 of 10 PageID #:
`15565
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 2
` 30(b)(6) VIDEO DEPOSITION of JEFFREY WILEY,
` conducted at Patterson Intellectual Property Law,
` 1600 Division Street, Suite 500, Nashville,
` Tennessee:
`
`
`
`
`
`
`
` Pursuant to notice, before Elisabeth A.
` Lorenz, Registered Merit Reporter and Certified
` Realtime Reporter.
`
`
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 4 of 10 PageID #:
`15566
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 87
` to infringe a patent that was owned by Caterpillar?
` A No.
` MR. LEVY: Objection, form.
` BY MR. SMITH:
` Q Do you remember that there was a
` determination by the United States International
` Trade Commission that Wirtgen America was infringing
` a patent?
` MR. LEVY: Objection, form.
` THE WITNESS: No, I don't know.
` BY MR. SMITH:
` Q And just to be clear, you've never received
` any training about intellectual property in all the
` years you've worked at Wirtgen America?
` A No.
` Q Did you learn about Wirtgen America's
` lawsuit before it was filed?
` A No, I learned right at the same time it was
` filed.
` Q Do you remember how you learned about it?
` A The owner of the company at the time.
` Q When you say "the owner of the company," was
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 5 of 10 PageID #:
`15567
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 88
`
` it the owner of Wirtgen in Germany?
` A Yes.
` Q And how did you learn from the owner of
` Wirtgen Germany that there had been a lawsuit?
` A Well, my boss and I went to dinner with him,
` and he told us that they were going to file a
` lawsuit on some patent infringements. No details;
` that's just what he said.
` Q And where was the dinner at?
` A It was in Windhagen, Germany.
` Q And you said you were there with your boss.
` Who was that?
` A Jim McEvoy.
` Q And it was just the -- and who was the owner
` of Wirtgen Germany that you had dinner with?
` A Jurgen Wirtgen.
` Q Was there anybody else at dinner besides you
` three?
` A Just us three.
` Q Do you remember asking him any questions
` about the fact there was going to be this lawsuit?
` A No. He just -- he said that it was coming.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 6 of 10 PageID #:
`15568
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 93
`
` A Yes.
` Q Are you familiar with any of those
` individuals?
` A No.
` MR. SMITH: Let's put that away.
` BY MR. SMITH:
` Q Have you spoken with anyone at Wirtgen GmbH
` about this lawsuit?
` A Yes.
` Q And was that individual a lawyer?
` A No.
` Q Who did you speak to about the lawsuit?
` A I can't think of his name. It's an
` individual that's employed by Wirtgen GmbH. Martin.
` Martin -- I can't think of his last name. Martin
` Lenz.
` Q Do you remember when you had the
` conversation with Martin Lenz?
` A Oh, I've had several with him.
` Q About the lawsuit?
` A Yes.
` Q What do you remember from your conversations
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 7 of 10 PageID #:
`15569
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 94
`
` with Martin Lenz?
` A I would just ask him what it's about, and he
` would just tell me verbally. I mean, I didn't see
` anything in writing or anything.
` Q Do you remember what he said to you?
` A No. It's been three or four years.
` Q So you had several conversations.
` Were those conversations all three or four
` years ago?
` A Yeah. I did have -- I recently had a
` conversation with him at CONEXPO last week.
` Q And did that --
` A 15 minutes.
` Q Did the lawsuit come up during that
` discussion?
` A Yes.
` Q Do you remember what he said to you or you
` said to him about the case?
` A No. I just asked him how things were coming
` along.
` Q Do you remember what he said?
` A He said that I'll be doing a deposition
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 8 of 10 PageID #:
`15570
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 95
`
` soon.
` Q Anything else?
` A No, not really. He doesn't tell me a lot of
` details. I just know him. I've known him for
` years.
` Q He just delivers good news to you?
` A Well, it's...
` Q I'm just kidding.
` To your knowledge, has Wirtgen America ever
` manufactured any products on its own?
` A Not at Wirtgen America facility. Like I
` told you, on the combo cutter, we had somebody in
` Ohio build that for us.
` Q Does Wirtgen America have any manufacturing
` facilities?
` A No.
` MR. SMITH: Let's take a look at
` Exhibit -- now, this was previously marked as
` Exhibit 66, which I'm handing to you.
` (Presented Exhibit 66.)
` MR. SMITH: Here is an extra copy,
` Ryan.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 9 of 10 PageID #:
`15571
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 375
`
` Digital Evidence Group, L.L.C.
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
` SIGNATURE PAGE
` Case: Wirtgen America Inc. v. Caterpillar Inc.
` Witness Name: Jeffrey Wiley 30(b)(6)
` Deposition Date: March 24, 2023
`
` I do hereby acknowledge that I have read
` and examined the foregoing pages
` of the transcript of my deposition and that:
`
` (Check appropriate box):
` ( ) The same is a true, correct and
` complete transcription of the answers given by
` me to the questions therein recorded.
` ( ) Except for the changes noted in the
` attached Errata Sheet, the same is a true,
` correct and complete transcription of the
` answers given by me to the questions therein
` recorded.
`
` _____________ _________________________
` DATE WITNESS SIGNATURE
`
`
`
` _____________ __________________________
` DATE NOTARY
`
`1
`
`2
`
`3
`4
`
`5
`
`6
`
`7
`
`8
`9
`
`10
`
`11
`
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 189-2 Filed 04/14/23 Page 10 of 10 PageID #:
`15572
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`3/24/2023
`
`Page 376
`
` Digital Evidence Group, LLC
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202)232-0646
`
` ERRATA SHEET
`
` Case: Wirtgen America Inc. v. Caterpillar Inc.
` Witness Name: Jeffrey Wiley 30(b)(6)
` Deposition Date: March 24, 2023
` Page No. Line No. Change
`
`
`
`
`
`
`
`
`
` ___________________________ _____________
` Signature Date
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
