Case 1:17-cv-00770-JDW Document 221-31 Filed 10/05/23 Page 1 of 4 PageID #: 17385
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`Exhibit 31
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`Case 1:17-cv-00770-JDW Document 221-31 Filed 10/05/23 Page 2 of 4 PageID #: 17386
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`CONTAINS CONFIDENTIAL SOURCE CODE, OUTSIDE ATTORNEYS’ EYES ONLY, SUBJECT
`TO PROTECTIVE ORDER
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
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`Before the Honorable David P. Shaw
`Administrative Law Judge
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`In the Matter of
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`CERTAIN ROAD MILLING MACHINES
`AND COMPONENTS THEREOF
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`Investigation No. 337-TA-1067
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`DIRECT WITNESS STATEMENT OF DR. JOHN MEYER
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`CX-0006C.0001
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`CX-0006C
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`Case 1:17-cv-00770-JDW Document 221-31 Filed 10/05/23 Page 3 of 4 PageID #: 17387
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`CONTAINS CONFIDENTIAL SOURCE CODE, OUTSIDE ATTORNEYS’ EYES ONLY, SUBJECT TO
`PROTECTIVE ORDER
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`414.
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` Q. What is your opinion with respect to whether Caterpillar’s PM300 Series, PM600
`Series, and PM800 Series machines infringe claims 1, 7, 11, and 17 of the ’641
`patent?
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`A.
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`It is my opinion that Caterpillar directly infringed and continues to directly infringe
`claims 1, 7, 11, and 17 of the ’641 patent because it has used, has offered for sale and
`continues to offer for sale, and has sold and continues to sell products which infringe the
`’641 patent in the United States. It is also my opinion that Caterpillar directly infringed
`and continues to directly infringe the Asserted Claims of the ’641 patent because it
`imports and has imported products which infringe the ’641 patent in the United States.
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`415.
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` Q. What is your opinion as to whether Caterpillar indirectly infringes claims 1, 7, 11,
`and 17 of the ’641 patent?
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`A.
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`Caterpillar has also indirectly infringed and continues to indirectly infringe claims 1, 7,
`11, and 17 of at least the ’641 patent by way of both induced infringement and
`contributory infringement. Indeed, Caterpillar induced and continues to induce others to
`infringe claims 1, 7, 11, and 17 of the ’641 patent by selling for importation into the
`United States, importing, and selling after importation the PM300 Series, PM600 Series,
`and PM800 Series machines and encouraging and facilitating others to perform actions
`using those machines that Caterpillar knows will infringe and with the intent that
`performance of the actions will infringe. I have also been informed that Caterpillar’s
`importation, sale for importation, and sale in the United States after importation of the
`PM300 Series, PM600 Series, and PM800 Series machines, and components thereof, are
`continuing.
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` Q.
`416.
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`Do you have any examples of such actions on behalf of Caterpillar?
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`A.
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`Yes. For example, Caterpillar provides explicit instructions to its customers regarding the
`use of “[a]n automatic rotor disengagement feature,” which infringes at least the method
`claims—claims 11 and 17—of the ’641 patent.
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`417.
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` Q.
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`Do you recognize CX-0068 (PM620 and PM622 Cold Planers Machine System)?
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`A.
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`Yes. Page CX-0068.0075 of this document includes Caterpillar’s instructions to its
`customers that I referenced in my previous answer.
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`418.
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` Q.
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`Do you have any other examples?
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`A.
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`Yes. For example, Caterpillar has sold PM600 Series and PM800 Series machines to
`customers located in the United States on at least the following occasions: (i) Southworth
`Milton Inc. on April 24, 2016; (ii) Holt Texas Ltd. on January 14, 2017; and (iii) H.O.
`Penn Machinery Co. on May 26, 2017.
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`419.
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` Q.
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`Do you recognize CX-0589C (PM600 Dealer Invoices)?
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`A.
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`Yes. These are invoices relating to at least some of the exemplary PM600 Series and
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`99
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`CX-0006C.0102
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`Case 1:17-cv-00770-JDW Document 221-31 Filed 10/05/23 Page 4 of 4 PageID #: 17388
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`CONTAINS CONFIDENTIAL SOURCE CODE, OUTSIDE ATTORNEYS' EYES ONLY,
`SUBJECT TO PROTECTIVE ORDER
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`CX-0273 (W2I0i Pump Distributor Drive - 2)
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`CX-0274 (W2I0i Reduction Gear)
`CX-0282 (Wirtgen Group Solutions -
`Available Milling Drum Housing)
`CX-0288 (Wirtgen Group Solutions - Product
`Training)
`CX-0290C (Wirtgen W150CFi photo 2)
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`CX-0291C (CATPM3I2 photo 1)
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`CX-0522 (Meyer CV)
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`CX-0589C (PM600 Dealer Invoices)
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`CX-0590C (PM822 Dealer Invoices)
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`CX-0591C (PM600 Technical Presentation)
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`& Lowering)
`CPX-0091C (W210i Video Driving Backwards
`Scraper)
`CPX-0093C (W2I0i Video Scraper Raising &
`Lowering)
`CPX-0094C (W210i Video Swiveling Actuator
`Extending)
`CPX-0I06C (W150CFi moldboard issue)
`CPX-0I07C (WI50CFi moldboard
`raise/lower)
`CPX-0I08C (W120Ri driving backwards -
`rotor stopping - I)
`CPX-0109C (WI20Ri driving backwards -
`rotor stopping - 2)
`CPX-01 IOC (WI20Ri driving backwards -
`rotor stopping - 3)
`CPX-01 lie (WI20Ri driving backwards -
`rotor stopping (front view))
`CPX-0112C (WI20Ri driving backwards -
`rotor stopping (front view) - 2)
`CPX-0113C (PM622 CAD File)
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`I X .
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`V E R I F I C A T I O N
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`642. Q. Does this witness statement contain your answers to questions from counsel?
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`A .
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`Y e s .
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`Your Honor, we move to admit the Witness Statement of Dr. John Meyer into evidence.
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`D a t e :
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`4 Meyer, Ph.D.
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`1 5 0
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`CX-0006C.0153
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