Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 1 of 54 PageID #: 17242
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`Exhibit 25
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 2 of 54 PageID #: 17243
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`WIRTGEN AMERICA, INC.
`
`
`Plaintiff/Counterclaim-Defendant,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`) C.A. No. 1:17-cv-00770-JDW
`)
`)
`)
`)
`
`INITIAL EXPERT REPORT OF DR. JOHN MEYER
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`CATERPILLAR INC.
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`
`v.
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`Defendant/Counterclaim-Plaintiff.
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`

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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 3 of 54 PageID #: 17244
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`XIV. Conclusion
`208. This report contains my complete opinions as of today based on
`
`discovery provided by Caterpillar. I reserve the right to amend, modify, or
`
`supplement this report in the event additional discovery is provided by
`
`Caterpillar, including any expert opinions offered by Caterpillar, or any
`
`additional inspections performed on Wirtgen or Caterpillar machines.
`
`Additionally, I understand that Wirtgen America and/or Caterpillar may use
`
`demonstratives at some point later during this investigation. To the extent that
`
`such demonstratives are used, I again reserve the right to amend, modify, or
`
`supplement this report.
`
`Executed on the 19th of May in 2023.
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`
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`
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`___________________________
`John Meyer, Ph.D.
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`112
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`

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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 4 of 54 PageID #: 17245
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`
`Appendix E
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`

`

`
`
`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 5 of 54 PageID #: 17246
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`Caterpillar’s Small Milling Machines Infringe U.S. Patent No. 7,530,641 under 35 U.S.C. § 271(a) and (b)
`The PM300 Series (including at least the PM310, PM312, and PM313)—including the 01A and 02A builds, and certain machines of
`the 02B build—(collectively, “Accused Small Milling Machines”) operate so as to practice claims 11, 17, and 18 of U.S. Patent No.
`7,530,641 (“the ’641 Patent”), owned by Wirtgen America, Inc. (“Wirtgen”). Caterpillar directly infringes claims 11, 17, and 18 of the ’641
`Patent and indirectly infringes claims 11, 17, and 18 of the ’641 Patent, both literally and under the doctrine of equivalents.
`
`Caterpillar directly infringes by making, using, offering to sell, selling, and importing into the United States the Accused Small
`Milling Machines. See, e.g., CAT_00003117 (Jan. 2017 Meeting Notes) at 2; see also CAT_00012831 (Oct. 2016 email) at 1;
`CAT_00013338 (Mar. 2017 Meeting Notes) at 4 (“If the ECM is not seeing any of the moldboard sensors the machine would still mill in the
`forward direction but would shut off the rotor in reverse.”); CAT_00054680 (PM600 Software Testing) (describing 2014 performance tests
`to “[c]heck the reversing with rotor functionality”).
`
`Caterpillar’s customers directly infringe as the reverse rotor shutoff feature is “present at all times” and is not something a customer
`can disengage. See Engelmann Dep. 146:9-147:17, Mar. 16, 2023. When a customer backs up, or drives in reverse and leaves the milling
`drum running, the customer is practicing the steps of the asserted claims, and is taught how to do so by Caterpillar’s training materials and
`manuals. See, e.g., CAT-770_021849 (Jun. 2020 PM3XX Systems Operation Testing and Adjusting Manual) at 1926; CAT-770_043792
`(Oct. 2021 PM3XX Technical Presentation) at 4030, 4033-35.
`
`Caterpillar indirectly infringes by knowingly and intentionally inducing dealers and customers to use and operate the Accused Small
`Milling Machines in a manner that infringes claims 11, 17, and 18 of the ’641 Patent. The Accused Small Milling Machines are specifically
`configured to infringe, and Caterpillar, directly and/or through its dealers and distributors, actively instructs, promotes, and encourages
`customers on how to use the Accused Small Milling Machines, including through its manuals, videos, training, and advertising, in an
`infringing manner. Caterpillar’s end customers have used and continue to use the Accused Small Milling Machines in a manner that directly
`infringes the ’641 Patent. Caterpillar has had knowledge of the ’641 Patent since at least 2012, CAT_00053633 (Wirtgen Ten Year Patent
`Landscape), and has been on notice of its infringement of the ’641 Patent since at least June 16, 2017, by virtue of the Original Complaint in
`this action, see, e.g., CAT_0028678 (June 2017 Patent Notice Email Chain). Caterpillar’s infringement of the ’641 Patent continued even
`after Wirtgen filed its complaint.
`
`All models of the Accused Small Milling Machines include substantially the same components and provide substantially the same
`functionalities. See D.I. 186, Apr. 12, 2023 Joint Stipulation at 2. Accordingly, to the extent components and functionalities are substantially
`the same across all models, the below claims chart details the infringement of the Accused Small Milling Machines by citing to documents
`for the PM312 model milling machine (which is exemplary of the other Accused Small Milling Machines).
`
`
`- 1 -
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 6 of 54 PageID #: 17247
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`
`
`Citations to evidence below are exemplary and I reserve the right to rely on any materials cited in my report or materials considered.
`Furthermore, I reserve the right to respond to any non-infringement theories not expressly disclosed in Caterpillar’s interrogatory responses.
`
`Additionally, I reserve the right to rely on machine inspection photographs and videos of the Accused Machines. See, e.g., WA-
`ITC_00458654–8655; WA-ITC_00458694; WA-ITC_00458730; WA-ITC_00458709; WA-ITC_00458723–8728; WA-ITC_00458736–
`8737; WA-ITC_00458739–8740; WA-ITC_00458696–8697; WA-ITC_00458699; WA-ITC_00458701–8703; WA-ITC_00458742; WA-
`ITC_00458710–8711; WA-ITC_00458720; WA-ITC_00458758–8759; WA-ITC_00458755; WA-ITC_00458706–8707; WA-
`ITC_00458738; WA-ITC_00458729; WA-ITC_00458741; WA-ITC_00458708; WA-ITC_00458713; WA-ITC_00458717; WA-
`ITC_00458734; WA-ITC_00458743; WA-ITC_00458745; WA-ITC_00458681; WA-ITC_00458767; WA-ITC_00458677; WA-
`ITC_00458753–8754; WA-ITC_00458674; WA-ITC_00459014; CAT0138376; WA-ITC_00458766; WA-ITC_00458768; WA-
`ITC_00458761–8765; CAT0138373; CAT0138375; WA-ITC_00458955; WA-ITC_00458965; WA-ITC_00459071; WA-1717092–7112;
`WA-1717114–7173; WA-1717199–7217; WA-1717219–7239; WA-1717257–7283; WA-1717457–7470; WA-1717482–7502; WA-
`1717513–7517; WA-1717565–7585; WA-1717606–7624; WA-1717690–7702; WA-1717725–7733; WA-1717797.
`
`I may also rely on additional expert testimony, other documents considered, witness testimony, responses to interrogatories, and
`responses to requests for admission, and/or inspection of the PM312 or a representative machine to show that the PM312 practices this
`feature. I also may rely upon demonstratives that I have not yet prepared to explain the technology and/or illustrate this feature.
`
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`- 2 -
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`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 7 of 54 PageID #: 17248
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`11[p]. Method for working
`ground surfaces (2) with a
`construction machine (1)
`
`
`Exemplary Caterpillar Accused Products
`The Accused Small Milling Machines perform a method for working ground surfaces with a construction machine.
`
`The Accused Small Milling Machines are cold planers, devices or construction machines for milling road surfaces
`during road construction.
`
` A
`
` side view of the CAT PM312 is depicted below.
`
`
`
`
`(CAT-770_044295, PM310, PM312, and PM313 Cold Planers, Publication No. QEHQ2423 (Jul. 2018) at 4315; see
`also WA-1717199, PM312 Inspection Video.)
`
`To the extent that any differences may exist between the Accused Small Milling machines and the features disclosed
`in claim element 11[p], a person of ordinary skill in the art would have understood these differences to be
`insubstantial. Indeed, to the extent that any such differences exist, it is nonetheless my opinion that the Accused
`Small Milling Machines include a substantially similar damage avoidance/safety feature that is intended to perform
`substantially the same function, in substantially the same way, to achieve substantially the same result as claim
`element 11[p]. Thus, it is my opinion that claim element 11[p] is also met under the doctrine of equivalents.
`
`
`
`- 3 -
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`

`

`
`U.S. Patent No. 7,530,641
`
`11[a]. that is automotive by
`means of traveling devices
`(8)
`
`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 8 of 54 PageID #: 17249
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`
`Exemplary Caterpillar Accused Products
`I may also rely on additional expert testimony, other documents considered, witness testimony, responses to
`interrogatories, and responses to requests for admission, and/or inspection of the PM312 or a representative machine
`to show that the PM312 practices this feature. I also may rely upon demonstratives that I have not yet prepared to
`explain the technology and/or illustrate this feature.
`
`The Accused Small Milling Machines perform a method that is automative by means of traveling devices.
`
`The Accused Small Milling Machines include a “propel system” that drives the propel motors for traveling devices,
`i.e., wheels or crawler tracks, depending on the model. For example, a Caterpillar PM310, PM312, and PM313
`brochure includes an image of a machine where item 6 is “Crawler Tracks with Bolt-on Pads.”
`
`
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`- 4 -
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 9 of 54 PageID #: 17250
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`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`- 5 -
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 10 of 54 PageID #: 17251
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`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`(CAT-770_041058 at 1061.) That brochure further explains that the propel system includes propel pumps, circuits,
`and motors for crawler tracks.
`
`It also describes the steering modes accomplished by adjusting track alignment as the machine travels. (CAT-
`770_041058 at 1063.)
`
`
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`- 6 -
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 11 of 54 PageID #: 17252
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`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`
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`- 7 -
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`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 12 of 54 PageID #: 17253
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`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`(CAT-770_041058 at 1063-64.)
`
`To the extent that any differences may exist between the Accused Small Milling machines and the features disclosed
`in claim element 11[a], a person of ordinary skill in the art would have understood these differences to be
`insubstantial. Indeed, to the extent that any such differences exist, it is nonetheless my opinion that the Accused
`Small Milling Machines include a substantially similar damage avoidance/safety feature that is intended to perform
`substantially the same function, in substantially the same way, to achieve substantially the same result as claim
`element 11[a]. Thus, it is my opinion that claim element 11[a] is also met under the doctrine of equivalents.
`
`
`
` I
`
` may also rely on additional expert testimony, other documents considered, witness testimony, responses to
`interrogatories, and responses to requests for admission, and/or inspection of the PM312 or a representative machine
`to show that the PM312 practices this feature. I also may rely upon demonstratives that I have not yet prepared to
`explain the technology and/or illustrate this feature.
`
`- 8 -
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`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 13 of 54 PageID #: 17254
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`
`
`U.S. Patent No. 7,530,641
`11[b]. and in which a
`milling drum (12)
`supported in a machine
`frame (4) is driven by a
`drive engine (6)
`
`Exemplary Caterpillar Accused Products
`The Accused Small Milling Machines perform a method in which a milling drum supported in a machine frame is
`driven by a drive engine.
`
`The Accused Small Milling Machines have a milling drum (also referred to as a rotor or working drum).
`
`
`
`(CAT-770_04158 at 1068; see also, e.g., CAT-770_002239, Parts Manual, PM310 Cold Planer, Publication No.
`M0091263-01 (Apr. 2018) at 2875-81 (identifying Part No. 381-6678, Rotor GP, Part No. 415-7354, Rotor GP, Part
`No. 522-0117, Rotor GP, Part No. 522-0119, Rotor GP, Part No. 528-4287, Rotor GP).)
`
`The Accused Small Milling Machines also have a machine frame.
`
`
`
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`- 9 -
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`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 14 of 54 PageID #: 17255
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`(CAT-770_002239, Parts Manual, PM310 Cold Planer, Publication No. M0091263-01 (Apr. 2018) at 2722; see also,
`e.g., CAT-770_002984, Parts Manual, PM 312 Cold Planer, Publication No. M0089961-01 (Apr. 2018) at 3467;
`CAT-770_003715, Parts Manual, PM313 Cold Planer, Publication No. M008963-01 (Apr. 2018) at 4198.)
`
`The milling drum is connected to the machine frame. In the figure below, the milling drum is behind the side plate.
`
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`- 10 -
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 15 of 54 PageID #: 17256
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`
`(CAT-770_041058 at 41065.)
`
`The milling drum, or rotor, of the Accused Small Milling Machines is used for working a ground surface or traffic
`surface:
`
`
`“The PM310, PM312, and PM313 Cold Planers are classified as road-milling machines, mobile road
`construction machines used to mill material from paved surfaces. The machines include milling equipment,
`a power-driven cylindrical body, or rotor, on which the milling tools are fitted. The rotor rotates during the
`milling operation.
`
`Cold planing or road-milling is done on asphalt road surfaces or concrete slabs on flat ground or slight
`inclines.”
`
`
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`- 11 -
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`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 16 of 54 PageID #: 17257
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`(CAT-770_002046, Operation and Maintenance Manual, PM310, PM312, and PM313 Cold Planers, Publication No.
`M0071994-08 (Jul. 2021) at 2085; see also CAT-770_011241 at 1287.)
`
`The Accused Small Milling Machines include a drive train, which includes at least a drive engine. The drive engine
`is operatively coupled to a clutch that engages the driven pulley, which in turn drives the working drum.
`
`
`(CAT-770_041058 at 4063.)
`
`
`
`
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`- 12 -
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`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 17 of 54 PageID #: 17258
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`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`(CAT-770_002239 at 2581 (annotated); see also CAT-770_002984 at 3326; CAT-770_003715 at 4057.)
`
`In particular, the Accused Small Milling Machines include a traction drive system for mechanically driving the
`working drum, referred to as a “rotor drive system” that includes high-tensile belts that produce a mechanical
`rotational force for driving the working drum. (CAT-770_041058 at 1068.)
`
`The traction drive assembly has a drive pulley, driven pulley, and a drive belt connecting the pulleys as Caterpillar’s
`training materials show. In the figure below the “Upper drive belt” is reference nine (9), the “Upper idler pulley” is
`reference ten (10), and the “Lower belt tension cylinder” is reference fourteen (14):
`
`
`
`
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`- 13 -
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`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 18 of 54 PageID #: 17259
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`(CAT-770_041058 at p. 323 (annotated); see also CAT-770_002239 at 2581; CAT-770_021848; CAT-770_002238;
`CAT-770_011453; CAT-770_012386; CAT-770_012387-3377.)
`
`
`
`- 14 -
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`

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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 19 of 54 PageID #: 17260
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`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`(CAT-770_041058 at p. 330.)
`
`
`
`
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`- 15 -
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`

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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 20 of 54 PageID #: 17261
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`
`
`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 20 of 54 PagelD #: 17261
`
`HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`
`SLIDE 229
`
`
`
`
`
`The upper portion of the rotor drive system is located on the lett side
`of the machine. Cover panels allow access to the drive components.
`
`0 Left side of machine
`
`The rotor clutch output shaft drives the upper sheave (9). This
`sheave drives the upper rotor drive belt (10). The upper rotor drive
`belt connects the upper sheave and the jackshaft (5). The jackshaft
`transfers power from the upper drive belt to the lower drive belt.
`
`The upper belt tension cylinder (12) and idler pulley (17) provide the
`tension in the upper portion of the rotor drive system. When the
`rotor is engaged, the tension cylinder shifts the idler pulley position
`to maintain proper tension of the upper drive belt (10).
`
`When tension is applied to the rotor drive system, power is delivered
`through the upper belt system, jackshalt, and lower belt system. The
`lower belt system drives the planetary reduction unit and rotor.
`
`- 16 -
`The oil level in the jackshaiit (5) can be checked with the sight gauge
`(13) behind the shaft. The refill capacity of the jackshaft is 0.8L (0.2
`US. gal). Cat GO (gear oil) with a viscosity of SAE 85VV-140 must
`be used in the jackshaft.
`
`0 Component location
`§. Jackshaft
`9. Upper sheave
`10. Upper drive belt
`41. Upper idler pulley
`12. Upper belt tension
`cylinder
`13. Sight gauge for jack-
`shaft oil
`14. Lower belt tension
`cylinder
`
`
`
`
`
`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 21 of 54 PageID #: 17262
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`(CAT-770_043792, Technical Presentation, PM310, PM312, and PM313 Cold Planers, Publication No. QESV2314-
`02 (Oct. 2021) at 4120.)
`
`To the extent that any differences may exist between the Accused Small Milling machines and the features disclosed
`in claim element 11[b], a person of ordinary skill in the art would have understood these differences to be
`insubstantial. Indeed, to the extent that any such differences exist, it is nonetheless my opinion that the Accused
`Small Milling Machines include a substantially similar damage avoidance/safety feature that is intended to perform
`substantially the same function, in substantially the same way, to achieve substantially the same result as claim
`element 11[b]. Thus, it is my opinion that claim element 11[b] is also met under the doctrine of equivalents.
`
` may also rely on additional expert testimony, other documents considered, witness testimony, responses to
`interrogatories, and responses to requests for admission, and/or inspection of the PM312 or a representative machine
`to show that the PM312 practices this feature. I also may rely upon demonstratives that I have not yet prepared to
`explain the technology and/or illustrate this feature.
`
`The Accused Small Milling Machines perform a method where the milling drum is moved into a raised position
`when it is not in milling mode.
`
`Because the milling drum of the Accused Small Milling Machines is fixed to the frame, it is moved into a raised
`position by extending the lifting columns/leg posts to lift the frame and the milling drum away from milled ground
`surface, i.e., when not in milling mode.
`
`
` I
`
`
`(CAT-770_043792 at 4123.)
`
`
`
`- 17 -
`
`
`
`11[c]. where the milling
`drum (12) is moved into a
`raised position when it is
`not in milling mode,
`
`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 22 of 54 PageID #: 17263
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`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`
`
`- 18 -
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`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 23 of 54 PageID #: 17264
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`
`Exemplary Caterpillar Accused Products
`
`
`(CAT-770_043792 at 4030, 4033-35.) At least the “Pre-Service” and “SERVICE Mode” position would constitute a
`raised position where the machine is not in milling mode. (See also CAT-770_021849 at 1854-55.)
`
`To the extent that any differences may exist between the Accused Small Milling machines and the features disclosed
`in claim element 11[c], a person of ordinary skill in the art would have understood these differences to be
`insubstantial. Indeed, to the extent that any such differences exist, it is nonetheless my opinion that the Accused
`Small Milling Machines include a substantially similar damage avoidance/safety feature that is intended to perform
`substantially the same function, in substantially the same way, to achieve substantially the same result as claim
`element 11[c]. Thus, it is my opinion that claim element 11[c] is also met under the doctrine of equivalents.
`
` may also rely on additional expert testimony, other documents considered, witness testimony, responses to
`interrogatories, and responses to requests for admission, and/or inspection of the PM312 or a representative machine
`to show that the PM312 practices this feature. I also may rely upon demonstratives that I have not yet prepared to
`explain the technology and/or illustrate this feature.
`
`
` I
`
`
`- 19 -
`
`

`

`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 24 of 54 PageID #: 17265
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`
`U.S. Patent No. 7,530,641
`11[d]. characterized in that,
`the milling drum (12)
`remains coupled with the
`drive engine (6) when in
`raised position and with a
`direction of travel in which
`the rotating direction of the
`milling drum (12)
`corresponds to the rotating
`direction of the traveling
`devices (8);
`
`Exemplary Caterpillar Accused Products
`The Accused Small Milling Machines perform a method characterized in that the milling drum remained coupled
`with the drive engine when in raised position and with a direction of travel in which the rotating direction of the
`milling drum corresponds to the rotating direction of the traveling devices.
`
`The Accused Small Milling Machines include a clutch that is operably positioned between the drive engine and the
`driven pulley, wherein the clutch transfers the torque of the driven engine to the driven pulley, which in turn drives
`the milling drum.
`
`
`(CAT-770_043792 at 4128.)
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 25 of 54 PageID #: 17266
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
`
`
`(CAT-770_002239 at 2581 (annotated); see also CAT-770_002984 at 3326; CAT-770_003715 at 4057.)
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 26 of 54 PagelD #: 17267
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`SLIDE 229
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`The upper portion of the rotor drive system is located on the lett side
`of the machine. Cover panels allow access to the drive components.
`
`0 Left side of machine
`
`The rotor clutch output shaft drives the upper sheave (9). This
`sheave drives the upper rotor drive belt (10). The upper rotor drive
`belt connects the upper sheave and the jackshaft (5). The jackshaft
`transfers power from the upper drive belt to the lower drive belt.
`
`The upper belt tension cylinder (12) and idler pulley (17) provide the
`tension in the upper portion of the rotor drive system. When the
`rotor is engaged, the tension cylinder shifts the idler pulley position
`to maintain proper tension of the upper drive belt (10).
`
`When tension is applied to the rotor drive system, power is delivered
`through the upper belt system, jackshalt, and lower belt system. The
`lower belt system drives the planetary reduction unit and rotor.
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`The oil level in the jackshaiit (5) can be checked with the sight gauge
`(13) behind the shaft. The refill capacity of the jackshaft is 0.8L (0.2
`US. gal). Cat GO (gear oil) with a viscosity of SAE 85VV-140 must
`be used in the jackshaft.
`
`0 Component location
`§. Jackshaft
`9. Upper sheave
`10. Upper drive belt
`41. Upper idler pulley
`12. Upper belt tension
`cylinder
`13. Sight gauge for jack-
`shaft oil
`14. Lower belt tension
`cylinder
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`Case 1:17-cv-00770-JDW Document 221-25 Filed 10/05/23 Page 27 of 54 PageID #: 17268
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
`
`
`(CAT-770_043792, Technical Presentation, PM310, PM312, and PM313 Cold Planers, Publication No. QESV2314-
`02 (Oct. 2021) at 4120.)
`
`
`(CAT-770_043792 at 4114.)
`
`
`
`
`(CAT-770_043792 at 4129.)
`
`The clutch may remain engaged such that it continues to drive the drive pulley, drive belt, and driven pulley—and,
`consequently, the milling drum—when the machine frame is raised and milling machine is propelling backwards.
`The Accused Small Milling Machines mill in what is known as an up-milling mode, characterized in that the drum
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
`rotates counterclockwise when viewed from the right side of the machine. This mode of operation is illustrated in
`Figure 2 of the ’641 Patent, reproduced below.
`
`
`
`Thus, when propelling in reverse, i.e., with the tracks or wheels rotating counterclockwise when viewed from the
`right of the machine, the rotating direction of the milling drum corresponds to the rotating direction of the traveling
`devices.
`
`As is implicit in Caterpillar’s description of the “automatic rotor disengagement feature,” the milling drum in the
`Accused Small Milling Machines can remain coupled to the drive engine when the machine is raised and the
`direction of travel is in reverse (so that the rotating direction of the traveling devices corresponds to the rotating
`direction of the milling drum). (CAT-770_021849 at 1925-26.)
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`(CAT-770_021849 at 1926; see also CAT-770_001512, Tier 4f Cold Planer – Rotor On Off Control (Mar. 2020) at
`1520-21; CAT_00057877, Small Cold Planer – Rotor On Off Control; CAT-770_001533.)
`
`(Engelmann Dep. 147:8-148:12, Mar. 16, 2023 (“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. . . There
`was a subtle difference between the 300 and the 600 and 800 in how the moldboard height was sensed, but the logic
`was the same.”); O’Donnell Dep. 175:11-176:4, 337-TA-1067, Jan. 5, 2018 (“PM600, 800, and 300 are designed to
`allow the rotor to run when the machine travels in reverse under certain conditions. . . . The conditions are dependent
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
`on a few variables. The machine cannot be raised into the service position. If that happens, the rotor is forced off, and
`then the rotor must be protected by the side plates and the moldboard. So the side plates and the mold board must be
`in a range that is lowered below the bottom of the rotor, and if those—those conditions are met, it will allow the rotor
`to remain on.”).)
`
`To the extent that any differences may exist between the Accused Small Milling machines and the features disclosed
`in claim element 11[d], a person of ordinary skill in the art would have understood these differences to be
`insubstantial. Indeed, to the extent that any such differences exist, it is nonetheless my opinion that the Accused
`Small Milling Machines include a substantially similar damage avoidance/safety feature that is intended to perform
`substantially the same function, in substantially the same way, to achieve substantially the same result as claim
`element 11[d]. Thus, it is my opinion that claim element 11[d] is also met under the doctrine of equivalents.
`
` may also rely on additional expert testimony, other documents considered, witness testimony, responses to
`interrogatories, and responses to requests for admission, and/or inspection of the PM312 or a representative machine
`to show that the PM312 practices this feature. I also may rely upon demonstratives that I have not yet prepared to
`explain the technology and/or illustrate this feature.
`The Accused Small Milling Machines perform a method in that a distance is monitored, directly or indirectly,
`between the rotating, raised milling drum and the ground surface or an obstacle located in front of the milling when
`seen in direction of travel.
`
`The Accused Small Milling Machines monitor a distance between the milling drum and the ground surface (or an
`obstacle) via one or more of the side plate positions and the scraper (“moldboard”) position. (CAT-770_021849 at
`
` I
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`11[e]. in that a distance is
`monitored between the
`rotating, raised milling
`drum (12) and the ground
`surface (2) or an obstacle
`located in front of the
`milling (12) when seen in
`the direction of travel;
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`1873, 1882-84.) This monitoring is performed by the “Machine ECM” or the “Steering ECM” and the “Transmission
`ECM.” (CAT-770_021849 at 1882; see also CAT-770_043792 at p. 333-334; CAT0004149 at 4508-09.)
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
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`(CAT-770_021849 at 1873; see also CAT-770_043792 at 4015; CAT-770_001580 at 1597-98.)
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
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`(CAT-770_043792 at 4029-30.)
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
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`U.S. Patent No. 7,530,641
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`Exemplary Caterpillar Accused Products
`
`(CAT-770_043792 at 4122.)
`
`(Engelmann Dep. 148:2-12, Mar. 16, 2023 (“Q. So on the PM300, it used a position-sensing cylinder to detect a
`change in the moldboard; correct? That’s correct.”); see also Engelmann Dep. 74:15-75:2, 337-TA-1067, Jan. 12,
`2018 (“The switch and the plate are placed in a location that coincides with the bottom of the rotor surface.”).)
`
`This is also described in a machine software requirements document.
`
`
`(CAT00945