Case 1:17-cv-00770-JDW Document 221-16 Filed 10/05/23 Page 1 of 20 PageID #: 17130
`
`
`
`
`
`
`
`Exhibit 16
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 16
`
`
`
`
`
`
`
`Case 1:17-cv-00770-JDW Document 221-16 Filed 10/05/23 Page 2 of 20 PageID #: 17131
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 1
`
` THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`_________________________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/Counterclaim-Defendant,) Case Number C.A.
`v. ) No. 17-770-JDW
`CATERPILLAR INC., )
` Defendant/Counterclaim-Plaintiff.)
`_________________________________________)
`
`HIGHLY CONFIDENTIAL - UNDER THE PROTECTIVE ORDER
`
` Video Deposition of
` ERIC ENGELMANN, Volume I of II
` in his personal capacity
` and as a representative of CATERPILLAR, INC.
` Thursday, March 16, 2023
` 9:10 a.m.
`
`Court Stenographer:
`Patrick Mahon, 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 Document 221-16 Filed 10/05/23 Page 3 of 20 PageID #: 17132
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 10
`
` A. Good morning.
` Q. Could you state your name for the
` record.
` A. My name is Eric Engelmann.
` Q. And, Mr. Engelmann, where are you
` presently employed?
` A. I'm presently employed at
` Caterpillar.
` Q. And what is your title?
` A. I am currently an engineering manager
` at Caterpillar.
` Q. Now, Mr. Engelmann, I've had the
` pleasure of taking your deposition a few times
` over the last several years. I think the last
` time I took your deposition, about a year ago.
` Has your position changed since about a
` year ago?
` A. My position has not changed in the
` last year.
` Q. Okay. And do you recall being
` deposed in a ITC matter, what's been referred to
` as the 1067 investigation between Caterpillar and
`
`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 Document 221-16 Filed 10/05/23 Page 4 of 20 PageID #: 17133
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 16
`
` A. No.
` Q. And I imagine -- you don't have to
` tell me what documents you reviewed, but I assume
` you reviewed some documents as well?
` A. I did review some documents.
` Q. And, Mr. Engelmann, I'm going to do
` my best to not rehash things we've covered in the
` past in prior testimony, but I do want to get a
` little bit more background from you on when you
` started on the PM600 project.
` Approximately what year did you first
` start working on what ultimately became the PM600?
` A. Can you please clarify? Are you
` speaking about me personally as opposed to
` Caterpillar?
` Q. Yeah, I'm asking about you
` personally.
` A. I became the engineering manager for
` the cold planer product family in October of 2013.
` Q. And prior to becoming an engineering
` manager in 2013, Dario Sansone was the engineering
` manager for that project?
`
`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 Document 221-16 Filed 10/05/23 Page 5 of 20 PageID #: 17134
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 24
`
` being sold?
` A. We have built two pilot machines of a
` 02C vintage.
` Q. Okay. And when you say a pilot
` machine, what does a pilot machine mean at
` Caterpillar?
` A. A pilot machine is a machine that is
` built at a phase of the NPI, the new product
` introduction process, that we use to validate and
` verify changes.
` Q. Would you consider a pilot to be,
` like, a prototype?
` A. A pilot is technically different than
` a prototype.
` Q. Okay. How so?
` A. A pilot is intended to be
` production-intent and is meant to verify the
` production process as well as the product.
` Q. Okay. Is there a time frame for
` completing the validation process on the 02C
` build?
` A. Our current target, from what I
`
`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 Document 221-16 Filed 10/05/23 Page 6 of 20 PageID #: 17135
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 25
` recall, is to complete validation this year, in
` 2023, and targeting a gateway 6 production launch
` date in first quarter or second quarter of 2024.
` Q. So let's go back to the 01A build.
` There are -- I'm going to do this -- I'll just
` give you a heads-up. I'm going to do this for
` each of these builds, but I'm going to ask you
` about various features or functions that have been
` on Caterpillar machines and just want to confirm
` my understanding.
` So you're familiar with a feature called
` "ride control"; correct?
` A. I am familiar with that term.
` Q. Okay. And ride control, that's an
` internal term and -- or, I'm sorry, that's a
` Caterpillar term for a particular feature that was
` on the 01A build for the PM600; correct?
` A. Can you repeat the question?
` Q. Sure. Yeah.
` The term "ride control" is a name
` Caterpillar gave to a feature that was present on
` the 01A build for the PM600?
`
`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 Document 221-16 Filed 10/05/23 Page 7 of 20 PageID #: 17136
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 26
`
` A. For the PM600, yes.
` Q. Okay. Are you familiar with the term
` "hot swap"?
` A. I am familiar with the term
` "hot swap."
` Q. Okay. And "hot swap" refers to
` a -- I'm sorry. Strike that.
` Was hot swap a feature that was present on
` the 01A build for the PM600?
` A. Yes, the hot swap feature was present
` on the 01A build of the 600 series.
` Q. Okay. The 01A build had a feature
` that was referred to as the -- I believe it was
` the automatic rotor disengagement feature? Do I
` have that correct?
` A. I believe you're referring to what we
` would call reverse rotor shutoff.
` Q. Reverse rotor shutoff. We'll use
` that term.
` And there have been, from Caterpillar's
` perspective, two different versions of that
` feature; is that fair?
`
`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 Document 221-16 Filed 10/05/23 Page 8 of 20 PageID #: 17137
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 34
`
` Q. In the 02B build, was the ride
` control feature removed?
` A. The 02B build has no ride control.
` Q. Okay. For the 02B build, did it
` have -- I'm sorry. Strike that.
` For the 02B build of the PM600, did it
` have a reverse rotor shutoff feature?
` A. The 02B builds have a reverse rotor
` shutoff feature.
` Q. And when the 02B build went into
` production, was it using Version 1 or Version 2 of
` the reverse rotor shutoff feature?
` A. From my recollection, the first
` machines built of the 02B vintage had Version 1
` reverse rotor shutoff.
` Q. Okay. The Version 2 of the reverse
` rotor shutoff was introduced at some point during
` production of the 02B build of the PM600?
` A. Yes, that's correct.
` Q. Sticking with the... At some point,
` Caterpillar adopted what we've been referring to
` as the Version 2 of the reverse rotor shutoff
`
`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 Document 221-16 Filed 10/05/23 Page 9 of 20 PageID #: 17138
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 35
`
` feature.
` Do you recall approximately when that
` feature was released, sorry, Version 2 of that
` feature was released?
` A. Yeah, I'm trying to recall. I recall
` it being about a year ago, maybe a little over one
` year ago.
` Q. And that feature -- strike that.
` Version 2 of the reverse rotor shutoff
` feature, was that a feature that was also applied
` to PM600 machines that had already been sold to
` customers?
` A. There was a service letter from our
` company that went out to the field that covered
` multiple items, and a software update was part of
` that service letter.
` Q. And the change from Version 1 to
` Version 2 of the reverse rotor shutoff feature was
` accomplished through a software update; correct?
` A. That version changed with that
` software update that was part of the service
` letter.
`
`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 Document 221-16 Filed 10/05/23 Page 10 of 20 PageID #: 17139
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 38
`
` the 02B build?
` A. Yes, it is.
` Q. Okay. And I should ask that same
` question.
` Is the hot swap feature that's on the 02B
` build the same hot swap feature that was on the
` 02A build?
` A. Yes, it is.
` Q. And the same hot swap feature that
` was on the 01A build?
` A. Yes.
` Q. Okay. All right. I'm going to
` switch to the PM300 now.
` A. Okay.
` Q. And the PM300 had a 01A build, an 02A
` build, and an 02B build; correct?
` A. Yes.
` Q. Okay. Is there a 02C build in
` progress for the PM300?
` A. There were also two pilot machines
` built of the 02C build.
` Q. Starting with the 01A build of the
`
`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 Document 221-16 Filed 10/05/23 Page 11 of 20 PageID #: 17140
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 41
` PM300: Did build -- sorry, build 02B of the
` PM300, did it have a -- or does it have a reverse
` rotor shutoff feature?
` A. It does.
` Q. Which version of the reverse rotor
` shutoff feature does it have?
` A. I'm pretty certain production started
` with Version 1.
` Q. Okay. At some point, did production
` of the 02B build -- strike that.
` At some point during the production of the
` 02B build for the PM300, did Caterpillar change
` the reverse rotor shutoff feature from Version 1
` to Version 2 for that machine?
` A. Yes, that's my understanding.
` Q. Okay. And was that in the same time
` frame as the change for the reverse rotor shutoff
` feature on the PM600?
` A. I recall it being around the same
` time.
` Q. Okay. And was there a service letter
` issued for the PM300 that included a change to the
`
`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 Document 221-16 Filed 10/05/23 Page 12 of 20 PageID #: 17141
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 42
`
` reverse rotor shutoff feature?
` A. I do not believe there was a service
` letter that applied to the 300 series.
` Q. So any PM300s that Caterpillar sold
` with the Version 1 of the reverse rotor shutoff
` feature would still have Version 1 on those
` machines?
` A. Those machines will have Version 1
` until a customer or a dealer does a routine
` software upgrade to their machines, and at that
` point, they will switch over.
` Q. So the change in the software
` relating to the reverse rotor shutoff feature
` would be part of a routine software upgrade that a
` dealer may do to a machine?
` A. Yes.
` Q. Okay. If you wanted to know how many
` PM300s had that routine software upgrade, would
` there be a way to determine that?
` A. There might be a way to determine
` that through VisionLink or Product Link and
` looking at the software part number that's on each
`
`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 Document 221-16 Filed 10/05/23 Page 13 of 20 PageID #: 17142
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 146
` Q. Are any of those design proposals
` present on the pilot machines that we talked about
` earlier for the PM300 or the PM600?
` A. No.
` Q. Earlier today, we were discussing the
` reverse rotor shutoff feature on Caterpillar's
` PM300 and PM600 machines.
` A. Correct.
` Q. So starting with Version 1 of that
` feature, that feature would be enabled when the
` machine was traveling in reverse and the rotor was
` running and the machine was raised off the ground;
` is that correct?
` A. I would say the feature was always
` enabled and there was logic applied. Based on the
` logic and conditions being met, that feature would
` activate.
` Q. Okay. Fair.
` So you say it was an automatic feature,
` that logic was always operating on the machine
` when that software with Version 1 was installed?
` A. That's my understanding, that the
`
`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 Document 221-16 Filed 10/05/23 Page 14 of 20 PageID #: 17143
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 147
`
` logic is present at all times.
` Q. It wasn't a feature that a customer
` could turn off?
` A. No.
` Q. Okay. And that was true of the PM300
` and the PM600 and PM800; correct?
` A. That's correct.
` Q. And for Version 1, what were the
` conditions in which the reverse rotor shutoff
` feature would cause the rotor to disengage?
` A. The conditions that would cause the
` rotor to disengage were if the rotor was on, that
` was one of the conditions, if the machine was
` propelling in the reverse direction, and then it
` was looking if the side plates, if either side
` plate or the moldboard were elevated above some
` threshold point.
` Q. Okay. And that logic was true for
` the PM300, 600, and 800; correct?
` A. The high-level logic was consistent.
` There was a subtle difference between the 300 and
` the 600 and 800 in how the moldboard height 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 Document 221-16 Filed 10/05/23 Page 15 of 20 PageID #: 17144
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 149
`
` BY MR. AINSWORTH:
` Q. We'll take a Caterpillar customer
` that owns a 300 machine. Would it be a common
` scenario for an operator to operate the PM300 in
` reverse with the rotor still running?
` A. It's a common practice of operators
` to back up with the rotor running, especially on
` the smaller machines where there's a lot of
` maneuvering on the job and multiple passes.
` Q. Okay. Okay. I appreciate that.
` So the smaller machines, like a PM300,
` because they're designed for more sort of, I
` guess, maneuverability sort of operations would be
` more common to operate backwards than, say, the
` larger machines?
` A. They're all maneuvered on the job for
` multiple passes. The exact amount comparatively
` is hard to say.
` Q. I guess it kind of makes sense. So
` the bigger machine, you'll probably just want to
` keep going back and forth, or forward, whereas,
` the smaller machines, doing more cutting and
`
`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 Document 221-16 Filed 10/05/23 Page 16 of 20 PageID #: 17145
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 236
`
` STATE OF MINNESOTA)
` : ss CERTIFICATE
` COUNTY OF HENNEPIN)
`
` I, Patrick J. Mahon, Registered Merit
` Reporter, a Notary Public in and for the County of
` Hennepin, State of Minnesota, hereby certify that
` I reported the deposition, and that the witness
` was by me first duly sworn to tell the whole
` truth;
` That the testimony was transcribed under
` my direction and is a true record of the testimony
` of the witness;
` That the cost of the original has been
` charged to the party who noticed the deposition,
` and that all parties who ordered copies have been
` charged at the same rate for such copies;
` That I am not a relative or employee or
` attorney or counsel of any of the parties or a
` relative or employee of such attorney or counsel;
` That I am not financially interested in
` the action and have no contract with the parties,
` attorneys, or persons with an interest in the
` action that affects or has a substantial tendency
` to affect my impartiality;
` That the right to read and sign the
` deposition by the witness was reserved;
`
` WITNESS MY HAND AND SEAL this 26th day of
` March 2023.
`
` ________________________________
` Patrick J. Mahon
` Registered Merit Reporter
` 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 Document 221-16 Filed 10/05/23 Page 17 of 20 PageID #: 17146
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`240
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`__________________________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/Counterclaim-Defendant, )
`v. ) Case Number C.A.
`CATERPILLAR INC., ) No. 17-770-JDW
` Defendant/Counterclaim-Plaintiff. )
`__________________________________________)
`
`HIGHLY CONFIDENTIAL, OUTSIDE ATTORNEYS' EYES ONLY
` UNDER THE PROTECTIVE ORDER
`
` Video Deposition of
` ERIC ENGELMANN, Volume II of II
` in his personal capacity
` and as a representative of CATERPILLAR, INC.
` Friday, March 17, 2023
` 9:09 a.m.
`
`Court Stenographer:
`Patrick Mahon, RMR, CRR
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-16 Filed 10/05/23 Page 18 of 20 PageID #: 17147
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`270
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` A. Correct.
` Q. And in that bullet point, it refers
`to a particular Wirtgen patent, what is referred
`to as the '641 patent. Do you see that?
` A. I see reference to "U.S. Patent No.
`7,530,641."
` Q. And can we refer to that as the '641
`patent?
` A. Sure.
` Q. You're familiar with the '641 patent?
` A. The number is familiar to me.
` Q. And you understand, it's the patent
`that was asserted against Caterpillar's
`automatic -- or as you call it, sorry, reverse
`rotor disengagement feature?
` A. That would be my understanding.
` Q. Okay. So one of the things that
`Wirtgen asked for in June of 2017 was for
`Caterpillar to eliminate the reverse rotor
`disengagement feature from its machines; correct?
` A. That was request number 3 listed in
`this document.
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-16 Filed 10/05/23 Page 19 of 20 PageID #: 17148
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`293
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` Q. You were building the 02A in
`Little Rock; correct?
` A. That's -- yes.
` Q. Yeah.
` And the 02A build in Little Rock that was
`being built by Caterpillar, that began in 2019;
`correct?
` A. That sounds correct.
` Q. Okay. And at least initially, those
`machines still had the ride control feature;
`correct?
` A. That's consistent with my knowledge.
` Q. Okay. And those machines also had
`Version 1 of the reverse rotor shutoff feature;
`correct?
` A. Correct.
` Q. And those machines still had
`position-sensing cylinders in the lifting columns;
`correct?
` A. The 02A machines did, yes.
` Q. So after the ALJ issued its decision
`in October of 2018, Caterpillar began
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-16 Filed 10/05/23 Page 20 of 20 PageID #: 17149
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`434
`
`1
`2
`3
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`18
`19
`20
`21
`22
`
`STATE OF MINNESOTA)
` : ss CERTIFICATE
`COUNTY OF HENNEPIN)
`
` I, Patrick J. Mahon, Registered Merit
`Reporter, a Notary Public in and for the County of
`Hennepin, State of Minnesota, hereby certify that
`I reported the deposition, and that the witness
`was by me first duly sworn to tell the whole
`truth;
` That the testimony was transcribed under
`my direction and is a true record of the testimony
`of the witness;
` That the cost of the original has been
`charged to the party who noticed the deposition,
`and that all parties who ordered copies have been
`charged at the same rate for such copies;
` That I am not a relative or employee or
`attorney or counsel of any of the parties or a
`relative or employee of such attorney or counsel;
` That I am not financially interested in
`the action and have no contract with the parties,
`attorneys, or persons with an interest in the
`action that affects or has a substantial tendency
`to affect my impartiality;
` That the right to read and sign the
`deposition by the witness was reserved;
`
` WITNESS MY HAND AND SEAL this 26th day of
`March 2023.
`
` ________________________________
` Patrick J. Mahon
` Registered Merit Reporter
` Certified Realtime Reporter
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup 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
