Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 1 of 9 PageID #: 16958
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`Exhibit 8
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`Exhibit 8
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 2 of 9 PageID #: 16959
`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.,
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`Plaintiff,
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`v. )
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`CATERPILLAR INC.,
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`Defendant.
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`________________________________
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`C.A. No. 17-770-JDW
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`REBUTTAL EXPERT REPORT OF JOSEPH RAKOW, Ph.D., P.E., F.A.S.M.E.
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 3 of 9 PageID #: 16960
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`3.
`a)
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`Representative Product PM620 01A
`General milling function
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`39.
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`The “PM620 and PM622 Cold Planers are classified as road-milling machines, mobile road
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`construction machines used to mill material from paved surfaces.”38 The milling of the
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`paved surface is performed by a rotor equipped with milling tools, as shown in Figure 2.39
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`The rotor is attached to the machine frame within a milling chamber, a portion of which is
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`comprised of hydraulic side plates.40 The milling chamber and continued rotation of the
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`rotor guides the milled material toward the conveyor where it is then transported into a
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`nearby truck.
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`Figure 2. The rotor, milling tools, and side plates on the PM620 01A.
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`b)
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`Engine
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`40.
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`The PM620 01A is powered by a CAT C18 ACERT engine, capable of producing 630 hp.41
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`The engine is “iso-mounted to reduce noise and vibration” using gearbox mountings that
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`38 CAT-770_004446, p. 46/272.
`39 CAT-770_004446, p. 229/272.
`40 CAT_00037701, p. 5/24.
`41 CAT_00037701, p. 23/24.
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 4 of 9 PageID #: 16961
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`Figure 6. PM620 01A hydraulic piston-cylinder units and their relative positioning with
`respect to the machine frame.
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`f)
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`Ride Control
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`44.
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`The PM620 01A has a feature referred to as “Ride Control.”52 Ride Control was
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`implemented to “improve the ride of the machine when roading”53 and to ensure “smooth
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`travel.”54 The Ride Control feature refers to a hydraulic configuration that “allows irregular
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`surface condition forces to transfer through all cylinders, instead of just a single
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`cylinder…”55 Testimony and the code specifications for the PM620 01A control system
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`indicate that Ride Control is not active when the machine is stationary or during milling
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`52 CAT-770_041508, p. 7/24.
`53 CAT0068812, p. 134/640.
`54 CAT-770_041508, p. 7/24.
`55 CAT0004149, p. 210/434.
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 5 of 9 PageID #: 16962
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`operations.56,57 The hydraulic system configuration that enacts Ride Control is shown in
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`Figure 7.58
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`Figure 7.
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`Image of the hydraulic system schematic which enables Ride Control in the
`PM620 01A machine.
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`g)
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`Grade and Slope Control
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`45.
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`The PM600, PM800, and PM300 model machines each possess optional Grade and Slope
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`control systems.59,60 The Grade and Slope control system on the Caterpillar PM machines
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`“uses built-in machine position sensing cylinders on the side plates or sonic sensors to
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`measure elevations of milling surfaces, or a slope sensor to measure the machine's slope.
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`When the system is in "Auto" mode, the system controls the hydraulics of the machine to
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`maintain intended Target values.”61 The Grade and Slope control system supports multiple
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`56 CAT0068812, p. 134/640.
`57 Deposition of Mr. Craig Steffen, taken February 28, 2023, pp. 297:15-22 – 298:1-3.
`58 CAT0004149, p. 263/434.
`59 Deposition of Mr. Engelmann, taken March 16, 2023, p. 43:13-21.
`60 CAT-770_040200, p. 1/72.
`61 CAT-770_040200, p. 13/72.
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 6 of 9 PageID #: 16963
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`“conventional guidance methods.”62 These guidance methods include Elevation, Elevation
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`plus Elevation, Elevation plus Cross Slope, and Cross Slope.63 Elevation guidance allows
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`the operator to set a constant machine height that the machine is to maintain, Elevation plus
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`Elevation guidance allows the operator to set the desired height of both the left and right
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`sides of the machine, Elevation plus Cross slope allows the operator to set the desired
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`height of one side of the machine as well as the cross slope of the machine, and Cross Slope
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`guidance allows the operator to set the cross slope of the machine.64
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`h)
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`Leg sensors
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`46.
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`The legs of the 01A build are equipped with position sensors located within the hydraulic
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`cylinders used to extend and retract the legs, thereby adjusting machine height.65 Figure 8
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`shows a cross-section of one of the hydraulic piston cylinder units with the position sensor
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`identified.66,67
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`62 CAT-770_040200, p. 13/72.
`63 CAT-770_040200, pp. 13-14/72.
`64 CAT-770_040200, pp. 13-14/72.
`65 Deposition of Mr. Eric Engelmann, taken March 16, 2023, p. 28:3-7.
`66 CAT-770_004719, p. 559/894.
`67 CAT-770_004719, p. 570/894.
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 7 of 9 PageID #: 16964
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`71.
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`Dr. Lumkes references two images to support his statement. The first image referenced by
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`Dr. Lumkes is reproduced in Figure 19 (top), citing the file “CAT005043.jt.”123 Notably,
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`the blue diamond shape annotated in Figure 19 is not present in the original CAD file
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`(“CAT005043.jt”), but was apparently added by Dr. Lumkes. I show a screenshot of the
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`original CAD file in Figure 19 (bottom).
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`72.
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`First, as discussed above, Dr. Lumkes has not provided a definition for the “imaginary
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`axles.” The ’309 Patent does not define “imaginary axles.” Second, Dr. Lumkes has not
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`provided any references, calculations, or analyses to support (i) the alleged shape of the
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`stability pattern (“diamond-shaped”) and (ii) the placement of the alleged diamond-shaped
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`stability pattern as annotated in Figure 19.124,125 He has not provided an explanation for
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`why the pivot point of imaginary axles is relevant to the stability pattern of the machine.
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`123 CAT005043.jt corresponds to a three-dimensional computer aided design (“CAD”) representation of a PM600
`series machine.
`124 CAT005043.jt.
`125 Lumkes Initial Expert Report, ¶147.
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 8 of 9 PageID #: 16965
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`Figure 19. (Top) Annotated image reproduced from the Initial Report of Dr. Lumkes.
`(Bottom) Raw image generated from CAT005043.jt. The annotated and alleged
`stability diamond is not present in CAT005043.jt.
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`73.
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`The second image referenced by Dr. Lumkes is reproduced in Figure 20.126 Dr. Lumkes
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`states that this image shows the “diamond shape stability pattern of PM600 machine and
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`acknowledging enhanced machine capability.”127 The document that Dr. Lumkes
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`references128 and testimony do not provide support for this statement.
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`126 Lumkes Initial Expert Report, ¶147.
`127 Lumkes Initial Expert Report, ¶147.
`128 CAT_00055857, p. 10/13.
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`Case 1:17-cv-00770-JDW Document 221-8 Filed 10/05/23 Page 9 of 9 PageID #: 16966
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`VIII. Conclusion
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`90.
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`For at least the reasons stated above, it is my opinion that that the Accused Products do not
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`infringe on the Asserted Claims based on the evidence provided by Dr. Lumkes in his
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`Initial Expert Report.
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`I declare under the penalty of perjury that the foregoing is true and correct.
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`Executed on June 16, 2023 at Menlo Park, California
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`Joseph Rakow, Ph.D., P.E., F.A.S.M.E.
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