Case 1:17-cv-00770-JDW Document 221-4 Filed 10/05/23 Page 1 of 85 PageID #: 16841
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`Exhibit 4
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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-Defendant,
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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 221-4 Filed 10/05/23 Page 2 of 85 PageID #: 16842
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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 H. LUMKES
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`Case 1:17-cv-00770-JDW Document 221-4 Filed 10/05/23 Page 3 of 85 PageID #: 16843
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`19.
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`I also had a conversation with Dr. Ricardo Valerdi and reviewed his expert report
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`directed to source code.
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`20.
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`I have also personally inspected numerous road-building machines, including a
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`Caterpillar PM622 01A milling machine having position-sensing leg cylinders and the ride control
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`feature, a Caterpillar PM822 02A build milling machine having position-sensing leg cylinders and
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`the ride control feature, a modified Caterpillar PM620 02A build milling machine having position-
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`sensing leg cylinders and the ride control feature removed, a Caterpillar PM312 02B build milling
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`machine, a Caterpillar PM622 02B build milling machine, Caterpillar’s RM800 rotary mixer, and
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`Wirtgen’s W210i, W150CFi, and W120Ri machines.
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`21.
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`Finally, in formulating my opinions, I have relied upon my experience, education,
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`and knowledge in the relevant art, and considered the viewpoint of a person of ordinary skill in the
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`art for each respective patent as defined further below in Section VIII.
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`VI.
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`The Asserted Patents and Relevant Technology
`A.
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`’309 Patent—Floating Hydraulic Suspension
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`22.
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`U.S. Patent No. 7,828,309, entitled “Road-building Machine,” issued November 9,
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`2010. The ’309 patent issued from U.S. Application No. 11/885,460, filed November 13, 2007,
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`and claims priority back to a German patent application filed March 10, 2005. There are three
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`named inventors, Christian Berning, Dieter Simons, and Markus Schäfer.
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`1.
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`Technical Background
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`23.
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`The milling of asphalt and concrete pavements is generally performed by road
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`milling machines. Road milling machines are designed to remove surfaces of various thicknesses
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`and, in so doing, create an even base for the construction of a new surface.
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`24. Modern road milling machines typically include an operator’s platform, an engine,
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`height adjustable drive units, a rotating milling drum, and a conveyor. See WA-ITC_00225855 -
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`4
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`1.
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`Claims 1 and 26 (not asserted)
`(a)
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`1[p] & 26[p]: The Accused Ride Control Milling Machines are
`road-building machines.
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`118. 1[p] and 26[p] recite a “road-building machine.” Caterpillar contends that the
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`Accused Ride Control Milling Machine is not a road-building machine. See Caterpillar’s
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`Objections and Responses to Wirtgen America, Inc.’s First Set of Interrogatories (Nos. 1 – 20),
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`Feb. 7, 2023. It has not provided any explanation for this contention so I reserve the right to
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`supplement this opinion if and when it does explain its contention.
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`119.
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`In my opinion, Accused Ride Control Milling Machines are road-building
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`machines, namely, road milling machines. CAT-770_041484, PM620 and PM622 Cold Planers,
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`Publication No. QEHQ1978-02 (July 2016) at 41505. Caterpillar’s own manuals state: “The
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`PM620 and PM622 Cold Planers are classified as road-milling machines.” CAT-770_004446,
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`Operation and Maintenance Manual, PM620 and PM622 Cold Planers, Publication No.
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`KEBU7584-19 (July 2021) at 4491; see also CAT0004583, Collection of PM600 Series Images
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`and Photographs, at 4753.
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`(b)
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`1[a], 26[a] & 26[b]: The Accused Ride Control Milling Machines
`have the recited caterpillars.
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`120. Element 1[a] recites “a left front wheel or caterpillar, right front wheel or
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`caterpillar, left rear wheel or caterpillar and right rear wheel or caterpillar is connected to a chassis
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`of the road-building machine.” Elements 26[a] and 26[b] recite “a chassis having a forward
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`direction; a left front wheel or caterpillar; a left rear wheel or caterpillar; a right rear wheel or
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`caterpillar.” In my opinion, as explained in Appendix C, the Accused Ride Control Machines
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`include these claim elements, and Caterpillar does not dispute that these elements are present in
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`the Accused Ride Control Machines. See Caterpillar’s Resp. to Wirtgen America’s First Set of
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`Interrogatories, Resp. to Rog. No. 19, served on Feb. 7, 2023.
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`(c)
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`1[b], 1[d], 26[c] & 26[e]: The Accused Ride Control Milling
`Machines have the recited actuating members or working
`cylinders.
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`121. Element 1[b] recites that the wheels or caterpillars are connected to a chassis of the
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`road-building machine “by means of an actuating member and is adjustable in height with respect
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`to a frame of the road-building machine, the individual actuating members being connected rigidly
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`to the chassis.” Element 1[d] recites “the actuating members being designed as double-acting
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`working cylinders with a first and a second working chamber which are filled with a pressure
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`medium.” Element 26[c] recites “a first working cylinder rigidly connected to the chassis and
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`connected to the left front wheel or caterpillar for adjusting a height of the left front wheel or
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`caterpillar relative to the chassis; a second working cylinder rigidly connected to the chassis and
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`connected to the right front wheel or caterpillar for adjusting a height of the right front wheel or
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`caterpillar relative to the chassis; a third working cylinder rigidly connected to the chassis and
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`connected to the left rear wheel or caterpillar for adjusting a height of the left rear wheel or
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`caterpillar relative to the chassis; a fourth working cylinder rigidly connected to the chassis and
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`connected to the right rear wheel or caterpillar for adjusting a height of the right rear wheel or
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`caterpillar relative to the chassis.” Element 26[e] recites “each of the working cylinders including
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`at least one working chamber filled with a pressure medium.”
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`122.
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`In my opinion, as explained in Appendix C, the Accused Ride Control Machines
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`include these claim elements, and Caterpillar does not dispute that these elements are present in
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`the Accused Ride Control Machines. See Caterpillar’s Resp. to Wirtgen America’s First Set of
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`Interrogatories, Resp. to Rog. No. 19, served on Feb. 7, 2023.
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`(a)
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`1[c], 1[e], and 26[f]: The Accused Ride Control Milling
`Machines has actuating members or working cylinders that are
`postively coupled as recited.
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`123. Element 1[c] recites the actuating members “being positively coupled to one
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`another in such a way that the left front wheel or caterpillar and the right rear wheel or caterpillar
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`can be adjusted in height in the same direction and in the opposite direction to the right front wheel
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`or caterpillar and the left rear wheel or caterpillar.” Element 1[e] recites “the working cylinders
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`being connected to one another via coupling lines.” Element 26[f] recites “coupling lines
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`connecting the working cylinders to one another and providing a positive hydraulic coupling
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`between the working cylinders in such a way that the left front wheel or caterpillar and the right
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`rear wheel or caterpillar are adjusted in height in the same direction and in the opposite direction
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`to the right front wheel or caterpillar and the left rear wheel or caterpillar.”
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`124.
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`In my opinion, as explained below, the Accused Ride Control Machines include
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`these claim elements. Caterpillar disputes that these elements are present in the Accused Ride
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`Control Machines. See Caterpillar’s Resp. to Wirtgen America’s First Set of Interrogatories, Resp.
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`to Rog. No. 19, served on Feb. 7, 2023. It has not provided any explanation for this contention so
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`I reserve the right to supplement this opinion if and when it does explain its contention.
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`125. The Accused Ride Control Machines have a ride control feature that ensures
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`smooth travel. CAT-770_041484 (PM620 and PM622 Cold Planers Sales Brochure) at 1490. The
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`ride control feature functions by positively coupling the working cylinders in such a way that the
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`left front track and the right rear track can be adjusted in height in the same direction and in the
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`opposite direction to the right front track and the left rear track.
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`126. The Accused Ride Control Machine’s ride control feature is configured to reduce
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`machine frame reactions to road surface variabilities during travel. CAT0004149, Technical
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`Presentation, PM620 and PM622 Cold Planers, Publication No. QESV2195 (Aug. 2016) at 4353,
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`4411; see also CAT0002629, Operation and Maintenance Manual, PM620, PM622 Cold Planers
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`at 2660 (instructing the operator to use the ride control system to minimize vibrations for a long
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`work cycle or a long travel distance); CAT0003512, Operator Controls and Machine Displays at
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`3559; CAT0003690, PM620 and PM622 Cold Planer at 3690; CAT0004149, Technical
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`Presentation, PM620 and PM622 Cold Planers, Publication No. QESV2195 (Aug. 2016) at 4341,
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`4358; CAT-770_001580, Systems Operation Testing and Adjusting, PM620, PM622, PM820,
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`PM822, PM825 Cold Planer Machine System, UENR6294-06 (Feb. 2021) at 1628 (annotated); Id.
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`at 1631; see also CAT-770_002038, PM620 and PM622 Cold Planer Hydraulic System (Feb.
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`2021) at 2040–2041.
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`127. When the Accused Ride Control Machine’s ride control feature is activated, the
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`hydraulic leg cylinders (i.e., actuating members), are positively coupled to one another—the
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`hydraulic leg cylinders are hydraulically connected in such a way that movement of one hydraulic
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`cylinder causes another hydraulic cylinder to move.
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`CAT0004149, Technical Presentation, PM620 and PM622 Cold Planers, Publication No.
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`QESV2195 (Aug. 2016) at 4411; see also id. at 4353, 4358 (in the ride control configuration, “the
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`solenoids open hydraulic valves which connect the four leg cylinders in a series circuit. This
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`connection allows irregular surface condition forces to transfer through all the cylinders, instead
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`of just a single cylinder, to stabilize the machine during roading”), 4372 (in the ride control
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`configuration, “the four leg cylinders are connected in a hydraulic series circuit. This action
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`stabilizes the machine during roading by allowing irregular surface condition forces to transfer
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`through all the cylinders, instead of just a single cylinder”), 4411-4412 (describing ride control),
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`4393 (“In this condition, a sudden change in any one cylinder is absorbed through the remaining
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`cylinders.”); CAT-770_001580, Systems Operation Testing and Adjusting, PM620, PM622,
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`PM820, PM822, PM825 Cold Planer Machine System, UENR6294-06 (Feb. 2021) at 1628
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`(annotated); Id. at 1631; see also CAT-770_002038, PM620 and PM622 Cold Planer Hydraulic
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`System (Feb. 2021) at 2040–2041.
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`128. For example, if the left front track runs over an elevated obstacle while the ride
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`control feature is activated, a series of concurrent reactions occurs. The left front piston retracts
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`(moves up), causing the hydraulic fluid in the headend of the left front cylinder to travel towards
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`the head-end of the left rear cylinder which in turn causes the left rear piston to extend (move
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`down), as shown below.
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`CAT0004149, Technical Presentation, PM620 and PM622 Cold Planers, Publication No.
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`QESV2195 (Aug. 2016) at 4411.
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`129. At the same time, extension of the left rear piston causes the hydraulic fluid in the
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`rod-end of the left rear cylinder to move towards the rod-end of the right rear cylinder, causing the
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`right rear piston to retract (move up), as shown below.
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`Id.
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`130. At the same time, retraction of the right rear piston causes the hydraulic fluid in the
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`head-end of the right rear cylinder to move towards the headend of the right front cylinder, causing
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`the right front piston to extend (move down), as shown below.
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`Id.
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`131. At the same time, extension of the right front piston causes the hydraulic fluid in
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`the rod-end of the right front cylinder to move towards the rod-end of the left front cylinder, filling
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`the volume vacated by the left front piston that retracted when it encountered the raised obstacle,
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`as shown below.
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`Id.
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`132. The result from each of these concurrent reactions is that both the left front piston
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`and the right rear piston retract (moves up), and the right front piston and the left rear piston extend
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`(moves down), as shown below.
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`Id.
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`133. That is, when the ride control feature is activated, the Accused Ride Control
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`Machine’s left front track and the right rear track are adjusted in height similarly to each other and
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`inversely to the right front track and the left rear track. Accordingly, the Accused Ride Control
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`Machine’s ride control feature infringes claim 1 of the ’309 patent.
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`134. As above, the hydraulic system of the PM620 includes working cylinders
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`hydraulically coupled to one another via coupling lines. Id.; see also CAT-770_001580 (PM620
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`01A SOTA Manual – Machine Systems) at 1628 (annotated); CAT-770_004719 (PM620 01A
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`Parts Manual) at 5314–5323; CAT-770_002038 (PM620 01A Hydraulic Diagram) at 2040–2041;
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`CAT-770_004719 (PM620 01A Parts Manual) at 5315–5317.
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`(b)
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`26[d]: The Accused Ride Control Milling Machines have the
`recited working roller.
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`135. Element 26[d] recites “a rotating working roller or rotor supported from the chassis
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`between the front wheels or caterpillars and the rear wheels or caterpillars and extending
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`transversely to the forward direction.” In my opinion, as explained in Appendix C, the Accused
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`Ride Control Machines include this claim element, and Caterpillar does not dispute that this
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`element is present in the Accused Ride Control Machines. See Caterpillar’s Resp. to Wirtgen
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`America’s First Set of Interrogatories, Resp. to Rog. No. 19, served on Feb. 7, 2023.
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`2.
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`Claim 10
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`136. Claim 10 depends from claim 9, which depend from claim 1. Claim 9 recites “that
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`the coupling lines can be connected to a pressure medium source and/or a pressure medium sump
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`via working lines with the aid of a valve control.” Claim 10 further recites that “valve control [is]
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`designed such that all the wheels are raised in a first operating mode and are lowered in a second
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`operating mode, this taking place in each case by the same amount.” In my opinion, as explained
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`below, the Accused Ride Control Machines include these claim elements. Caterpillar disputes that
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`this element is present in the Accused Ride Control Machines. See Caterpillar’s Resp. to Wirtgen
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`America’s First Set of Interrogatories, Resp. to Rog. No. 19, served on Feb. 7, 2023. It has not
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`provided any explanation for this contention so I reserve the right to supplement this opinion if
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`and when it does explain its contention. As explained below, the Accused Ride Control Machines
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`include this claim element. Caterpillar disputes that this element is present in the Accused Ride
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`Control Machines. See Caterpillar’s Resp. to Wirtgen America’s First Set of Interrogatories, Resp.
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`to Rog. No. 19, served on Feb. 7, 2023. It has not provided any explanation for this contention so
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`I reserve the right to supplement this opinion if and when it does explain its contention.
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`a machine, would be connected to the hydraulic traction system in substantially the same way, and
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`would be connected to the lifitng column in substantially the same way. Indeed, the specification
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`of the ’309 patent expressly defines a “wheel” as including a “caterpillar” (i.e., a track): “When a
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`front wheel is referred to hereinafter, this is also understood to mean a caterpillar.” ’309 patent
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`2:32-33. Using this express definition of “wheels,” the Accused Ride Control Machines’ track
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`assembly constitute a “wheel,” as recited in claim 10.
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`3.
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`Claim 29
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`145. Claim 29 depends from claim 26 and adds the limitation that “the machine has a
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`four sided stability pattern having a widest transverse dimension, transverse to the forward
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`direction of the chassis, which widest transverse dimension falls within a footprint of the working
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`roller or rotor. In my opinion, as explained below, the Accused Ride Control Machines include
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`this claim element. Caterpillar disputes that this element is present in the Accused Ride Control
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`Machines. See Caterpillar’s Resp. to Wirtgen America’s First Set of Interrogatories, Resp. to Rog.
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`No. 19, served on Feb. 7, 2023. It has not provided any explanation for this contention so I reserve
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`the right to supplement this opinion if and when it does explain its contention.
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`146. When the ride control feature is activated, the Accused Ride Control Machines
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`include four leg cylinders that are positively coupled together such that the left front track and the
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`right rear track are adjusted in height in the same direction to each other and in the opposite
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`direction to the right front wheel or caterpillar and the left rear wheel or caterpillar. As such, the
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`adjacent pairs of tracks move as if they were on an imaginary pivoting axle between the tracks.
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`For example, the left front track and the left rear track move as they were on an imaginary pivoting
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`axle, and the left front track and the right front track move as they were on an imaginary pivoting
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`axle. The pivot point of this imaginary axle will be at the midpoint of the line passing through each
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`adjacent pair of tracks. The Accused Ride Control Machines’ hydraulic cylinders (i.e., actuating
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`member) in each leg are designed identically (i.e., made from the same part). There are no
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`accumulators in the hydraulic circuit of the ride control configuration. CAT0004149, Technical
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`Presentation, PM620 and PM622 Cold Planers, Publication No. QESV2195 (Aug. 2016) at 4411.
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`Accordingly, the height adjustment takes place essentially by equal amounts on all the tracks. This
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`configuration thus creates an imaginary axle between adjacent tracks that pivots at the midpoint
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`between the tracks.
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`147. With an imaginary axle between adjacent tracks that pivots at the midpoint, the
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`resulting stability pattern of the PM620 is diamond shaped as shown below in the annotated image.
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`CAT0055043.
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`CAT_00055857 at 10 (showing diamond shape stability pattern of PM600 machine and
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`acknowledging enhanced machine capability). The annotated blue diamond is the resulting
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`stability pattern of the PM620. The vertices of the diamond-shaped stability pattern are located at
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`the midpoints between adjacent pairs of lifting claim. Again, this is due to the pivot points of the
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`imaginary axles being located at the midpoint. As shown in the above image, the widest transverse
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`dimension (dashed blue line) of the diamond-shaped stability pattern falls within the footprint of
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`the milling drum.
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`B.
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`’530 Patent—Intelligent Leg Control
`1.
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`Caterpillar’s PM600 and PM800 Series Road Milling Machines
`Infringe.
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`148. As shown in the infringement claim chart attached at Appendix D, and further
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`discussed below, the Accused Large Milling Machines literally contain each and every element of
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`claims 5, 13, 16, and 22. I note that asserted claims 5, 13, and 16 depend directly from non-asserted
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`claim 2, which depends from non-asserted claim 1, thus I have included a discussion of each and
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`every limitation of claims 1 and 2 below. Additionally, I note that asserted claim 22 depends
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`directly from non-asserted claim 1. Therefore, each and every asserted claim, as well as the
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`necessary intervening non-asserted claims are discussed below with respect to direct infringement
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`by the Accused Large Milling Machines.
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`149.
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`In my opinion, Caterpillar directly infringes claims 5, 13, 16, and 22 of the ’530
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`patent because Caterpillar made, used, sold, offered for sale, and imported PM600 and PM800
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`series road milling machines (“Accused Large Milling Machines”)2 that included each and every
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`feature of claims 5, 13, 16, and 22 of the ’530 patent.
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`2 For example, Caterpillar made the Accused Large Milling Machines in North Little
`Rock, Arkansas, USA from 2019 to the first quarter of 2022. See Falcione Dep., 23:3-17, Mar. 9,
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`(i)
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`Claim 1 (Not Asserted)
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`150. The Accused Large Milling Machines infringe claim 1 of the ’530 Patent because
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`the machines literally contain each and every element of claim 1, as discussed below.
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`1)
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`1[p] “A road construction machine, comprising:”.
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`151. The Accused Large Milling Machines are cold planers, devices for milling road
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`surfaces during road construction. An exemplary PM620 milling machine is depicted below:
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`CAT-770_041484 at CAT-770_041505; see also CAT0003690 at CAT0003711; WA-
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`ITC_00225912 at 5934; CAT0003260 at 3288-3289 (discussing steps to remove pavement using
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`the PM620 Cold Planer Machine); CAT0003576 at 3576, 3578 (discussing steps to remove
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`pavement using the PM620 Cold Planer Machine); CAT0002629 at 2635-2637 (illustrating a road
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`milling machine), 2643-2644 (illustrating a road milling machine), 2663 (describing the intended
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`use of the PM620 Cold Planer Machine), and 2688 (describing machine operation); CAT0003690
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`2023 (testifying that manufacturing occurred in North Little Rock from June 2019 to April
`2021); Engelmann Dep, 103:19-22, 104:4-106:10, Mar. 16, 2023 (testifying that PM600 series
`machines and PM800 series machines were manufactured in North Little Rock through the first
`quarter of 2022); Engelmann Dep., 292:3-298:11, Mar. 17, 2023; CAT-770_072031. Caterpillar
`has also used the Accused Large Milling Machines. See Equipment Today, YouTube Video,
`Caterpillar PM620 Cold Planer Demo, available at https://youtu.be/2xLMaIxZyLs (last accessed
`Mar. 9, 2023). Additionally, Caterpillar has also sold and offered for sale the Accused Large
`Milling Machines in the United States. CAT-770_063219. Finally, Caterpillar has imported into
`the United States the Accused Large Milling Machines from its manufacturing facility in
`Minerbio, Italy. See CAT0000157; CAT0000158-159; CAT0000160; CAT0000161-162;
`CAT0000038; CAT0000039-043; CAT0000019; CAT0000020-024; CAT0000001;
`CAT0000002-006; Engelmann Dep., 102:7-103:2, 103:13-18, Mar. 16, 2023.
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`at 3690-3694 (describing the operation and features of the PM620 machine), and 3699-3700
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`(describing the cutting system of the PM620 machine); CAT0003764 at 3764, 3765 (stating that
`
`the “PM620 and PM622” have the “[s]ame design” and the “[s]ame external dimensions”), and
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`3766-3768 (describing the operation and features of the PM620 machine); CAT0004149 at 4155-
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`4162 (describing the operation and features of the PM620 machine).)
`
`
`
`WA-ITC_00457403; see also WA-ITC_00458331 - WA-ITC_00458633; WA-ITC_00457239 -
`
`WA-ITC_00458189; WA-ITC_00458656 - WA-ITC_00458660; WA-ITC_00458640 - WA-
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`ITC_00458669; WA-ITC_00458692 – WA-ITC_00458743.
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`152.
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`“The PM620 and PM622 are front material-discharge cold planers. Machine
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`features include a hydrostatic propulsion system, dual operator stations, and four legs. Each leg is
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`equipped with a track-type undercarriage and a hydraulic motor.” (CAT0004149 at 155)
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`153. The Caterpillar Operation and Maintenance Manual provides the intended use of
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`machines as follows: “The PM620 and PM622 Cold Planers are classified as road-milling
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`machines, mobile road construction machines used to mill material from paved surfaces. The
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`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 planning or road-
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`milling is done on asphalt road surfaces or concrete slabs on flat ground or slight inclines.” (CAT-
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`770_004446 at 491)
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`2)
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`1[a] “a machine frame;”.
`
`154. The Accused Large Milling Machines have a machine frame, which is identified
`
`below as the “FRAME” (i.e., a structural system that supports other components) in the figure
`
`below from Caterpillar’s PM620 Parts Manual. (CAT-770_004719 at CAT-770_005277) It is
`
`understood by one of skill in the art that the “FRAME” is a structural support system that supports
`
`other components that is carried by a chassis, which is designated as the “undercarriage support”
`
`in the figure below. (CAT-770_004719 at 5277).
`
`155. Other examples of the machine frame carried by a chassis (or “undercarriage
`
`support”) can be found at CAT-770_013378 at 14040, CAT-770_013378 at 1450, CAT-
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`
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`770_005613 at 6210, CAT-770_005613 at 6240, and CAT-770_005613 at 6287. (See also,
`
`CAT0001737 at 2239 (illustrating Part. No. 374-1277, Frame GP-Main); CAT0001737 at 1762,
`
`2238 (each identifying Part. No. 374-1277, Frame GP-Main); CAT0001737 at 1762 (identifying
`
`the parts of Part No. 374-1264, Chassis AR), at 2039 (illustrating a portion of the frame as it relates
`
`to the electrical and starting system), at 2221-2272 (identifying the parts of the “Frame and Body”),
`
`at 2274 (illustrating the frame as it relates to the steering system), at 2280 (illustrating the frame
`
`as it relates to the steering system); CAT0002629 at 2635-2637, 2643-2644 (each illustrating the
`
`PM620 machine having a machine frame); CAT0003690 at 3690-3694 (showing the PM620 or
`
`PM622 machines having a machine frame); CAT0004583 at 4583-4585, 4589, 4604, 4621, 4651,
`
`4667, 4690, 4713, 4765, 4787-4788, 4801, 4820, 4831, 4853, and 4865 (each showing a PM620
`
`or PM622 machine having a machine frame); CAT0004149 at 4155, 4157, 4159 (showing a
`
`PM620 or PM622 machine having a machine frame); CAT0004149 at 4186, 4204, 4353, 4385,
`
`4411, 4442, 4445, 4452, 4473, 4517 (each referencing the machine frame); CAT0003764 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.)
`
`3)
`
`1[b] “a working drum supported from the
`machine frame for working a ground surface or
`traffic surface;”.
`
`156. The Accused Large Milling Machines have a working drum, which may also be
`
`referred to as a rotor or a milling drum. Examples of such working drums can be seen below, which
`
`are taken from Caterpillar’s brochure material and Parts Manual. (CAT-770_041484 at 494; CAT-
`
`770_013378 at 14301; CAT-770_005613 at CAT-6559; CAT-770_004719 at 5463)
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`
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`157. Other exemplary documents that illustrate that Caterpillar’s PM620 has a milling
`
`drum include: CAT0001737, Parts Manual PM620 Cold Planer at 2486 (illustrating a rotor);
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`CAT0003690, PM620 and PM622 Cold Planers at 3699 (showing the milling drum housing), 3712
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`(describing the cutting system); CAT0007086, Specifications PM620, PM622 Cold Planer
`
`Machine Systems at 7140-7141 (describing the rotor); CAT0004583, Collection of PM620 and
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`PM622 Photographs at 4803-4804 (showing a rotor); CAT0003764, PM620 and PM622 Cold
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`Planers at 3792-3793 (describing and illustrating a rotor); CAT0004149, Technical Presentation
`
`PM620 and PM622 Cold Planers at 4490-4491 (describing and illustrating the rotor);
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`CAT0007161, Systems Operation Testing and Adjusting PM620, PM622 Cold Planer Machine
`
`System at 7225 (describing and illustrating a rotor); CAT0055043; WA-ITC_00458517; WA-
`
`ITC_00458520; WA-ITC_00458520; WA-ITC_00458521; WA-ITC_00458522; WA-
`
`ITC_00458523; WA-ITC_00458524; WA-ITC_00458525; WA-ITC_00458526; WA-
`
`ITC_00458527; WA-ITC_00458528; WA-ITC_00458529; WA-ITC_00458169; WA-
`
`ITC_00458735; WA-ITC_00458736; WA-ITC_00458737.
`
`158. Typically, a milling drum is cylindrical drum having numerous spike-like cutting
`
`tools (sometimes referred to as bits) that spiral around the exterior of the drum. E.g., CAT0001737,
`
`Parts Manual, PM620 Cold Planer at 2479-2480 (Part No. 394-6417). As the milling drum is
`
`rotated, the cutting tools break up (i.e., mill) the pavement into smaller pieces:
`
`“The drum is equipped with cutting teeth. Rotation of the drum causes the
`
`teeth to cut into the milling surface. As the drum rotates, the teeth further
`
`break up the milled material, and the arrangement of the teeth and the
`
`flighting on the drum cause the material to move towards the center of the
`
`machine.”
`
`CAT0004157. The PM620 can include various versions of the milling drum. See, e.g.,
`
`CAT0001737, Parts Manual, PM620 Cold Planer at 2479-2485 (identifying Part No. 394-6417,
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`Rotor GP; Part No. 394-6418, Rotor GP; Part No. 399-5679, Rotor GP; Part No. 507-0141, Rotor
`
`GP). But the particular milling used with the PM620 does not affect the infringement analysis as
`
`each is similarly mounted.
`
`159. As shown in the below annotated three-dimensional CAD drawing of the PM620,
`
`the milling drum is supported from the machine frame.
`
`
`
`CAT0055043 (hiding the side plates and drum housing sides for illustrative purposes); see also
`
`Caterpillar’s Responses to Complainant Wirtgen America’s Fourth Set of Requests For
`
`Admissions, Jan. 10, 2018, 337-TA-1067, Responses to RFA Nos. 1530-1543 (indicating that this
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`CAD drawing accurately depicts the PM620 model). Below is an annotated photograph of the
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`milling drum suppo