Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 1 of 55 PageID #: 17299
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`Exhibit 27
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 2 of 55 PageID #: 17300
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-Defendant,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`)
`)
`)
`)
`) C.A. No. 1:17-cv-00770-JDW
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`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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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 3 of 55 PageID #: 17301
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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
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`discovery provided by Caterpillar. I reserve the right to amend, modify, or
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`supplement this report in the event additional discovery is provided by
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`Caterpillar, including any expert opinions offered by Caterpillar, or any
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`additional inspections performed on Wirtgen or Caterpillar machines.
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`Additionally, I understand that Wirtgen America and/or Caterpillar may use
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`demonstratives at some point later during this investigation. To the extent that
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`such demonstratives are used, I again reserve the right to amend, modify, or
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`supplement this report.
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`Executed on the 19th of May in 2023.
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`___________________________
`John Meyer, Ph.D.
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`112
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 4 of 55 PageID #: 17302
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Appendix D
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 5 of 55 PageID #: 17303
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Caterpillar’s Large Milling Machines Infringe U.S. Patent No. 7,530,641 under 35 U.S.C. § 271(a) and (b)
`The PM600 series (including at least the PM620 and the PM622), and PM800 series (including at least the PM820, PM822, and
`PM825) road milling machines—including the 01A and 02A builds, and certain machines of the 02B build— (collectively, “Accused Large
`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, and 17–18 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 Large
`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., CAT0007161 (Oct. 2016 PM620 & PM622 Systems, Operating, Testing & Adjusting Manual); CAT-770_014810 (May
`2021 PM6XX & PM8XX Systems Operation Testing and Adjusting Manual); CAT_00057357 (Mar. 2021 PM6XX & PM8XX Technical
`Presentation) at p. 389; 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 Large
`Milling Machines in a manner that infringes claims 11, 17, and 18 of the ’641 Patent. The Accused Large 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 Large 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 Large 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 Large 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
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 6 of 55 PageID #: 17304
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`the same across all models, the below claims chart details the infringement of the Accused Large Milling Machines by citing to documents
`for the PM620 model milling machine (which is exemplary of the other Accused Large Milling Machines).
`
`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 PM620 or a representative machine to show that the PM620 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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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 7 of 55 PageID #: 17305
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`The Accused Large Milling Machines perform a method for working ground surfaces with a construction machine.
`
`The Accused Large Milling Machines are cold planers, devices or construction machines for milling road surfaces
`during road construction.
`
`U.S. Patent No. 7,530,641
`11[p]. Method for working
`ground surfaces (2) with a
`construction machine (1)
`
`
` A
`
` side view of the CAT PM620 milling machine is depicted below.
`
`
`(CAT-770_041484, PM620 and PM622 Cold Planers, Publication No. QEHQ1978-02 (July 2016) at 1505; see also
`WA-1717257, PM622 Inspection Video.)
`
` A
`
` side view of the CAT PM820 milling machine is depicted below.
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`U.S. Patent No. 7,530,641
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 8 of 55 PageID #: 17306
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`Accused Large Milling Machines
`(CAT-770_042222, PM820, PM822, and PM825 Cold Planers, Publication No. QEHQ2329 (June 2018) at 2243.)
`
`(See also, e.g., WA-ITC_00225912 at 5934; CAT0003260, Cold Planer Handbook for CAT PM620 and PM622
`Cold Planers at 3288, 3289 (discussing steps to remove pavement using the PM620 Cold Planer Machine);
`CAT0003576, Milling by the Numbers PM620 & PM622 Cold Planer at 3576, 3578 (discussing steps to remove
`pavement using the PM620 Cold Planer Machine); CAT0002629, Operation and Maintenance Manual PM620,
`PM622 Cold Planers at 2635-2637 (illustrating a road milling machine), 2643-44 (illustrating a road milling
`machine), 2663 (describing the intended use of the PM620 Cold Planer Machine), and 2688 (describing machine
`operation); CAT0003690, PM620 and PM622 Cold Planers at 3690-3694 (describing the operation and features of
`the PM620 machine) and 3699-3700 (describing the cutting system of the PM620 machine); CAT0003764, PM620
`and PM622 Cold Planers at 3764, 3765 (stating that the “PM620 and PM622” have the “[s]ame design” and the
`“[s]ame external dimensions”), and 3766-68 (describing the operation and features of the PM620 machine);
`CAT0004149, Technical Presentation PM620 and PM622 Cold Planers at 4155-4162 (describing the operation and
`features of the PM620 machine); WA-ITC_00458331–WA-ITC_00458633; WA-ITC_00457239–
`WAITC_00458189; WA-ITC_00458656–WA-ITC_00458660; WA-ITC_00458640–WAITC_00458669; WA-
`ITC_00458692–WA-ITC_00458743.)
`
`To the extent that any differences may exist between the Accused Large 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
`Large 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.
`
` 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 PM620 or a representative machine
`to show that the PM620 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 Large Milling Machines perform a method that is automative by means of traveling devices.
`
`
`11[a]. that is automotive by
`means of traveling devices
`(8)
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`U.S. Patent No. 7,530,641
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 9 of 55 PageID #: 17307
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`Accused Large Milling Machines
`The Accused Large 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 PM620 and PM622 brochure
`includes an image of a machine where item 6 is “Crawler Tracks with Bolt-on Pads.”
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`U.S. Patent No. 7,530,641
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 10 of 55 PageID #: 17308
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`Accused Large Milling Machines
`(CAT-770_041484 at 1488.) That brochure further explains that the propel system includes propel pumps, circuits,
`and motors for crawler tracks.
`
`
`
`(CAT-770_041484 at 1489.) It also describes the steering modes accomplished by adjusting track alignment as the
`machine travels.
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 11 of 55 PageID #: 17309
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`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`(CAT-770_041484 at 1490.)
`
`Similarily, a Caterpillar PM820, PM822, and PM825 brochure includes an image of a machine where item 6 is
`“Crawler Tracks with Bolt-on Pads.” (See also CAT-770_042222 at 4226.) That brochure further explains that the
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`U.S. Patent No. 7,530,641
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 12 of 55 PageID #: 17310
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`Accused Large Milling Machines
`propel system includes propel pumps, circuits, and motors for crawler tracks. (CAT-770_042222 at 4227.) It also
`describes the steering modes accomplished by adjusting track alignment as the machine travels. (CAT-770_042222
`at 4228.)
`
`To the extent that any differences may exist between the Accused Large 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
`Large 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 PM620 or a representative machine
`to show that the PM620 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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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 13 of 55 PageID #: 17311
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`The Accused Large Milling Machines perform a method in which a milling drum supported in a machine frame is
`driven by a drive engine.
`
`The Accused Large Milling Machines have a milling drum (also referred to as a rotor or working drum). The PM620
`can use various models of milling drums.
`
`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)
`
`
`
`
`
`(CAT-770_041484 at 1494.)
`
`(See also CAT-770_042222 at 2232; WA-ITC_00457940; CAT0001737, Parts Manual, PM620 Cold Planer at 2479-
`85 (identifying Part No. 394-6417, Rotor GP; Part No. 394-6418, Rotor GP; Part No. 399-5679, Rotor GP; Part No.
`507-0141, Rotor GP), 2486 (illustrating a rotor); CAT0003690, PM620 and PM622 Cold Planers at 3699 (showing
`the milling drum housing), 3712 (describing the cutting system); CAT0007086, Specifications PM620, PM622 Cold
`Planer Machine Systems at 7140-41 (describing the rotor); CAT0004583, Collection of PM620 and PM622
`Photographs at 4803-4804 (showing a rotor); CAT0003764, PM620 and PM622 Cold Planers at 3792-93 (describing
`and illustrating a rotor); CAT0004149, Technical Presentation PM620 and PM622 Cold Planers at 4490-4491
`(describing and illustrating the rotor); CAT0007161, Systems Operation Testing and Adjusting PM620, PM622 Cold
`Planer Machine System at 7225 (describing and illustrating a rotor); CAT0057421; CAT0057422; CAT0057448;
`CAT0057449; CAT0057450; CAT0057451; CAT0057452; CAT0057453; CAT0057454; CAT0057456;
`CAT0057457; CAT0057471; CAT0057472; CAT0057475; CAT0057534; CAT0057537; CAT0057538;
`CAT0057539; CAT0057540; CAT0057541; CAT0057542; CAT0057611; CAT0057612; CAT0057613;
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`U.S. Patent No. 7,530,641
`
`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 14 of 55 PageID #: 17312
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`CAT0057614; CAT0057615; CAT0057616; CAT0057617; CAT0057619; CAT0058768; CAT0058865;
`CAT0058866; CAT0058867; CAT0058868; CAT0058869; CAT0058870; CAT0058871; CAT0058873;
`CAT0058996; CAT0058997; CAT0058998; CAT0059101; CAT0059102; CAT0059103; CAT0059104;
`CAT0059105; CAT0059106; CAT0059107; CAT0059108; CAT0059109; CAT0059133; CAT0059134;
`CAT0059135; CAT0059142; CAT0059233; CAT0059234; CAT0059235; CAT0059236; CAT0059237;
`CAT0059238; CAT0059239; CAT0059240; CAT0059241; CAT0059242; CAT0059243; CAT0059246;
`CAT0059247; CAT0059249; CAT0059250; CAT0059251; CAT0059255; CAT0059293; CAT0059294;
`CAT0059295; CAT0059296; CAT0059297; CAT0059298; CAT0059299; CAT0059300; CAT0059301;
`CAT0059307; CAT0059308; CAT0059581; CAT0059582; CAT0059583; CAT0059584; CAT0059708;
`CAT0059881; CAT0059883; CAT0059884; CAT0059885; CAT0059886; CAT0059887; CAT0059888;
`CAT0059889; CAT0059890; CAT0059891; CAT0059892; CAT0059893; CAT0059895; CAT0055043.)
`
`The Accused Large Milling Machines also have a machine frame.
`
`
`(CAT_00056536, Parts Manual, PM620 Cold Planer, Publication No. KEBP6265-03 (Apr. 2016) at p. 479; see also
`CAT-770_004719 at 5198; CAT-770_005613; CAT-770_007018, Parts Manual, PM820 Cold Planer, Publication
`No. M0085577-30 (Feb. 2020) at 007492; CAT-770_016399 at 016953; CAT-770_009018 at 009383; CAT0001737,
`Parts Manual, PM620 Cold Planer at 1762 (identifying the parts of Part No. 374-1264, Chassis AR), 2039
`
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`U.S. Patent No. 7,530,641
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 15 of 55 PageID #: 17313
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`(illustrating a portion of the frame as it relates to the electrical and starting system), 2221-72 (identifying the parts of
`the “Frame and Body”), 2239 (illustrating Part. No. 374-1277, Frame GP-Main), 2274 (illustrating the frame as it
`relates to the steering system), 2280 (illustrating the frame as it relates to the steering system); CAT0002238 (each
`identifying Part. No. 374-1277, Frame GP-Main); CAT0002629, Operation and Maintenance Manual, PM620,
`PM622 Cold Planers at 2635-2637, 2643-2644 (each illustrating the PM620 machine having a machine frame);
`CAT0003690, PM620 and PM622 Cold Planers at 3690-3694 (showing the PM620 or PM622 machines having a
`machine frame); CAT0004583, Collection of PM620 and PM622 Photographs at 4583-85, 4589, 4604, 4621, 4651,
`4667, 4690, 4713, 4765, 4787-88, 4801, 4820, 4831, 4853, and 4865 (each showing a PM620 or PM622 machine
`having a machine frame); CAT0004149, Technical Presentation PM620 and PM622 Cold Planers at 4155, 4157,
`4159 (showing a PM620 or PM622 machine having a machine frame); id. at CAT0004186, 4204, 4353, 4385, 4411,
`4442, 4445, 4452, 4473, 4517 (each referencing the machine frame); CAT0003764, PM620 and PM622 Cold Planers
`at 3764, 3765 (stating that the “PM620 and PM622” have the “[s]ame design” and the “[s]ame external
`dimensions”); CAT0056613; CAT0056621; CAT0056624; CAT0056700; CAT0056702; CAT0056739;
`CAT0056914; CAT0056916; CAT0056918; CAT0056919; CAT0056920; CAT0058266; CAT0055043.)
`
`The milling drum is connected to the machine frame. In the figure below, an arrow points to the location of the
`milling drum, which is behind the side plate.
`
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 16 of 55 PageID #: 17314
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`(CAT-770_041484 at 1490 (annotated); see also CAT-770_042222 at 2231; WA-1717263; WA-1717155; WA-
`1717152; WA-1717268; CAT0001737, Parts Manual, PM620 Cold Planer at 2432 (showing Part No. 374-1407,
`Chamber GP-Mixing), 2448-2450 (identifying and illustrating Part. No. 479-2096, Drive GP-Rotor), 2451
`(identfying and illustrating Part No. 391-0227, Hub GP-Shaft), 2471 (showing the milling drum housing), 2474
`(showing the milling drum housing), 2478 (showing the milling drum housing); CAT0002629, Operation and
`Maintenance Manual, PM620, PM622 Cold Planers at 2663, 2815-16, 2822-23; CAT0002911, Disassembly and
`Assembly PM-620 and PM-622 Cold Planer Machine Systems at 2917-19 (showing mounting of the rotor).)
`
`The milling drum, or rotor, of the Accused Large Milling Machines is used for working a ground surface or traffic
`surface:
`
`
`“The PM620 and PM622 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.
`
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`U.S. Patent No. 7,530,641
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 17 of 55 PageID #: 17315
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`Cold planing or road-milling is done on asphalt road surfaces or concrete slabs on flat ground or slight
`inclines.”
`
`(CAT_00055018, Operation and Maintenance Manual, PM620 and PM622 Cold Planers, Publication No.
`KEBU7584-01 (Feb. 2016) at p. 36; see also CAT-770_006804, Operation and Maintenance Manual, PM820,
`PM822, and PM825 Cold Planers, Publication No. M0079944-05 (Aug. 2021) at 006845; CAT-770_004446 at 4491;
`CAT-770_009801 at 9846; CAT-770_014541 at 4582; CAT-770_006804 at 6845; CAT-770_017518 at 7559.)
`
`The Accused Large 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_041484 at 041489; see also CAT-770_042222 at 4227.)
`
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 18 of 55 PageID #: 17316
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`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`(CAT_00056536 at p. 394 (annotated); see also CAT-770_007018 at 7473; CAT-770_010073 at 0631; CAT-
`770_013378 at 3936; CAT-770_015278 at 3936.)
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 19 of 55 PageID #: 17317
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`(CAT_00056536 at p. 391 (annotated); see also CAT-770_007018 at 7448; CAT-770_005613 at 6178; CAT-
`770_007018 at 7448; CAT-770_008013 at 8443.)
`
`In particular, the Accused Large 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_041484 at 1494; see also CAT-770_042222 at 2232.)
`
`The traction drive assembly has a drive pulley, driven pulley, and a drive belt connecting the pulleys:
`
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 20 of 55 PageID #: 17318
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`
`
`(CAT-770_041484 at 1494 (annotated); see also CAT-770_042222 at 2232.)
`
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 21 of 55 PageID #: 17319
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`(CAT_00056536 at p. 391; see also CAT-770_007018 at 07448.)
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`- 17 -
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 22 of 55 PageID #: 17320
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`
`(CAT0007161, Systems Operation Testing and Adjusting, PM620, PM622 Cold Planer Machine System,
`UENR6294 (Oct. 2016) at 7226 (annotated); see also CAT-770_001580, Systems Operation Testing and Adjusting,
`PM620, PM622, PM820, PM822, PM825 Cold Planer Machine System, UENR6294-06 (Oct. 2021) at 1653; CAT-
`770_001918.)
`
`
`
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 23 of 55 PageID #: 17321
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`(CAT0004149, Technical Presentation, PM620 and PM622 Cold Planers, Publication No. QESV2195 (Aug. 2016) at
`4492; see also CAT_00057357, Technical Presentation, PM620, PM622, PM820, PM822, and PM825 Cold Planers,
`Publication No. QESV2775 (Mar. 2021) at p. 365.)
`
`
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`

`U.S. Patent No. 7,530,641
`
`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 24 of 55 PageID #: 17322
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`To the extent that any differences may exist between the Accused Large 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
`Large 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.
`
` 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 PM620 or a representative machine
`to show that the PM620 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 Large 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 Large 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.
`
`11[c]. where the milling
`drum (12) is moved into a
`raised position when it is
`not in milling mode,
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 25 of 55 PageID #: 17323
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`(CAT0007161 at 7188, 7202; CAT0004149 at 4359, 4389; see also CAT-770_014810, Systems Operation Testing
`and Adjusting, PM620, PM622, PM820, PM822, PM825 Cold Planer Machine Systems, Publication No. M0125695-
`01 (May 2021) at 4844.) At least the “PRE-SCRATCH,” “PRE-SERVICE,” and “SERVICE HEIGHT” positions
`would constitute a raised position where the machine is not in milling mode.
`
`To the extent that any differences may exist between the Accused Large 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
`Large Milling Machines include a substantially similar damage avoidance/safety feature that is intended to perform
`
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`

`U.S. Patent No. 7,530,641
`
`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 26 of 55 PageID #: 17324
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`
`Accused Large Milling Machines
`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.
`
` 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 PM620 or a representative machine
`to show that the PM620 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 Large 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 Large 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.
`
`
`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);
`
`(CAT_00056536 at p. 394 (annotated); see also CAT-770_007018 at 7473.)
`
`
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 27 of 55 PageID #: 17325
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`(CAT_00056536 at p. 391 (annotated); see also CAT-770_007018 at 7448.)
`
`
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`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 28 of 55 PageID #: 17326
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`- 24 -
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`

`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 29 of 55 PageID #: 17327
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`(CAT0004149 at 4502; CAT_00057357, Technical Presentation, PM620, PM622, PM820, PM822, and PM825 Cold
`Planers, Publication No. QESV2775 (Mar. 2021) at p. 383; see also CAT-770_004718; CAT-770_011236; CAT-
`770_014809.)
`
`
`(CAT0004149 at 4487; CAT_00057357 at p. 364.)
`
`
`(CAT0004149 at 4504; CAT_00057357 at p. 385.)
`
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`

`

`U.S. Patent No. 7,530,641
`
`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 30 of 55 PageID #: 17328
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`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 the milling machine is propelling backwards.
`The Accused Large Milling Machines mill in what is known as an up-milling mode, characterized in that the drum
`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. (See, e.g., CPX-0030C-37C: WA-ITC_00458728, WA-ITC_00458727; WA-ITC_00458724; WA-
`ITC_00458725, WA-ITC_00458735; WA-ITC_00458736; WA-ITC_00458737; WA-ITC_00458723.)
`
`As is implicit in Caterpillar’s description of the “automatic rotor disengagement feature,” the milling drum in the
`Accused Large 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). (CAT0007161 at 7234; CAT0004149 at 4508; see also CAT-770_001580 at 1662;
`CAT_00057357 at p. 389.)
`
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`

`Case 1:17-cv-00770-JDW Document 221-27 Filed 10/05/23 Page 31 of 55 PageID #: 17329
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Accused Large Milling Machines
`
`U.S. Patent No. 7,530,641
`
`
`
`
`
`
`(CAT0007161 at 7224, 7234; see also CAT0004149 at 4508-09; CAT-770_014810 at 4894; CAT-770_001512, Tier
`4f Cold Planer – Rotor On Off Control (Mar. 2020) at 1520-21