Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 1 of 38 PageID #: 23584
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 2 of 38 PageID #: 23585
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`_____________________________
`WIRTGEN AMERICA, INC., )
` )
` Plaintiff, )
` )
` VS. ) NO. 1:17-cv-00770-JDW-MPT
` )
`CATERPILLAR, INC., )
` )
` Defendant and )
` Counter-Plaintiff, )
`_____________________________)
`
` -- H I G H L Y C O N F I D E N T I A L --
` OUTSIDE ATTORNEYS' EYES ONLY
` IN-PERSON VIDEOTAPED DEPOSITION OF
` DR. ADAM SORINI, PH.D.
` FRIDAY, AUGUST 11, 2023
`
`STENOGRAPHIC REPORTER: CHRISTA YAN, CSR NO. 14316, RPR
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 3 of 38 PageID #: 23586
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 2
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`IN-PERSON APPEARANCES:
`FOR PLAINTIFF:
` PATTERSON INTELLECTUAL PROPERTY LAW
` BY: SETH OGDEN, ATTORNEY-AT-LAW
` RYAN LEVY, ATTORNEY-AT-LAW
` 1600 Division Street, Suite 500
` Nashville, Tennessee 37203
` (615) 242-2400
` sro@iplawgroup.com
`
`FOR DEFENDANT:
` WILSON SONSINI GOODRICH & ROSATI
` BY: CHRISTOPHER MAYS, ATTORNEY-AT-LAW
` ALEX TURNER, ATTORNEY-AT-LAW
` 650 Page Mill Road
` Palo Alto, California 94304
` (650) 849-3088
` cmays@wsgr.com
`
`ALSO PRESENT PERSONALLY:
`KEVIN MCMAHON, The Videographer
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 4 of 38 PageID #: 23587
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 3
`
` INDEX OF EXAMINATIONS
` PAGE
`MR. OGDEN 7
`MR. MAYS 279
`
` E X H I B I T S
`EXHIBIT FOR IDENTIFICATION PAGE
`Exhibit 1 - Opening Expert Report of 9
` Dr. Adam Sorini
`Exhibit 2 - Rebuttal Expert Report of 10
` Dr. Adam Sorini
`Exhibit 3 - Reply Expert Report of 10
` Dr. Adam Sorini
`Exhibit 4 - Joint Opening Expert Report of 11
` Joseph Rakow, Ph.D., and Adam
` Sorini Ph.D.
`Exhibit 5 - Joint Rebuttal Expert Report of 11
` Joseph Rakow, Ph.D., and Adam
` Sorini Ph.D.
`Exhibit 6 - Joint Reply Expert Report of 12
` Joseph Rakow, Ph.D., and Adam
` Sorini Ph.D.
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 5 of 38 PageID #: 23588
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`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 4
`
` E X H I B I T S Cont'd
`EXHIBIT FOR IDENTIFICATION PAGE
`Exhibit 7 - United States Patent, Killion 12
` US 9,371,618 B2
`Exhibit 8 - Wirtgen Sprinkling Milling Unit 32
` FB2000, Elecr. Diagram
`Exhibit 9 - Wirtgen Milling Drum Housing 38
` FB2000 Diagram
`Exhibit 10 - Patent Application Publication 103
` US 2012/0043401 A1
`Exhibit 11 - Fluid Delivery Apparatus, 113
` Pressure, Flow Rate
` Heusinger Paragraphs
`Exhibit 12 - Rebuttal Expert Report of 143
` Dr. Durham K. Giles
`Exhibit 13 - United States Patent, Busley 157
` US 9,656,530 B2
`Exhibit 14 - United States Patent and 160
` Trademark Office, Cherry Patent
` Judge, Patent 9,656,530 B2
` Final Written Decision
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 6 of 38 PageID #: 23589
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 141
` that says it must be some kind of removable component.
` Other than that, I don't think I point to any models. I
` wasn't provided with any CAD to look at.
` BY MR. OGDEN:
` Q Okay. Why is it your opinion that the water tank
` of the W 210 Fi is mounted on the frame?
` A For that, I would refer you back to my opening
` report. So starting at paragraph 204.
` Q And which specific paragraphs in your analysis
` show that it is -- relate to the words mounted on?
` A Well, mounted on has its plain and ordinary
` meaning. On, to me, implies a top. Doesn't really apply
` much else than that. This water tank is generally located
` towards the top of the machine. Parts of it are at least
` above parts of the pump. You can see on the Photo 41 --
` sorry, Figure 41, it's a photograph of the operator
` interface showing the location of the water tank.
` Which is generally (indecipherable utterance)
` atop the remainder of the frame.
` THE STENOGRAPHIC REPORTER: Generally what?
` THE WITNESS: Atop the remainder of the frame.
` THE STENOGRAPHIC REPORTER: Thank you.
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 7 of 38 PageID #: 23590
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 142
` THE WITNESS: You can see another part of the water
` tank in Figure 42. This is from an instruction manual.
` Dr. Giles seems to admit that the water tank is at least
` attached to the rest of the machine. So to me, this is
` just as described in these paragraphs, a water tank or
` reservoir mounted on the frame.
` BY MR. OGDEN:
` Q So is it your opinion that the water tank is
` mounted on the frame because it's on top of the frame?
` MR. MAYS: Objection; misstates document and prior
` testimony.
` THE WITNESS: Did you say on top of...
` BY MR. OGDEN:
` Q Because it's on top of the --
` A The rest of the frame?
` Q So is it your opinion that the water tank is
` mounted on the frame because it's on top of the frame?
` MR. MAYS: Same objections.
` THE WITNESS: It's either mounted on top of the frame
` or mounted on top of the rest of the frame.
` BY MR. OGDEN:
` Q Okay. Are you aware that Dr. Giles produced an
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 8 of 38 PageID #: 23591
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 143
`
` errata to his report?
` A I don't think I am. No.
` Q So counsel did not provide you the errata to
` Dr. Giles's report?
` A I don't -- if it's not in my materials reviewed,
` I don't -- I don't remember seeing his errata. But, yeah,
` I'd like to see his errata.
` Q Okay. Are you aware that Dr. Giles -- are you
` aware that Wirtgen produced the CAD drawing from which the
` images Dr. Giles -- from which Dr. Giles took his images?
` A I'm not aware of that.
` Q Okay. Are you aware that the errata that
` Dr. Giles produced corrected the Bates numbering
` corresponding to the photos and the CAD models that he
` referenced in his report?
` A Do you have that errata to show me?
` Q Sure.
` So I'm going to hand you Exhibit 12.
` (Whereupon Deposition Exhibit 12 was
` marked for identification.)
` BY MR. OGDEN:
` Q It's the rebuttal expert report, and then the
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 9 of 38 PageID #: 23592
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 144
` errata is appended to the back of that so we have it all
` together.
` A Okay.
` Q And I'm just going to angle that errata so it's
` easy for you to see where it starts.
` A So I'm looking at this errata. I mean, is this
` the correct day, the 28th of July, 2023?
` Q Yes.
` A The 28th of July?
` Q Yes.
` A And my reports, my rebuttal was dated July 7th.
` So --
` Q That's correct.
` A It's correct that this was produced 21 days after
` I issued all of my reports?
` Q That's correct.
` A Okay.
` Q So I will take it from that, you haven't had a
` chance --
` A So I guess how -- with respect to my reports in
` what way would I have been aware when I was writing my
` reports?
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 10 of 38 PageID #: 23593
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 145
` Q I'm here to ask the questions. I appreciate
` that.
` But with respect to what you just said, you
` haven't had a chance to review that errata or the
` documents produced along with it, have you?
` A Well, I just received it now. So... and it was
` produced on July 28th. Which was I guess two weeks ago.
` How would you expect me to have reviewed it?
` Q That's my next question. So counsel never
` provided that to you, correct?
` A It's dated July 28th, after I wrote all my
` reports.
` Q Yes. Did counsel ever provide the errata and the
` produced documents between July 28th and today's
` deposition to you, for your review?
` A Not that I'm aware of.
` Q Okay. Do you disagree that the water tank of the
` W 210 Fi is integrally formed from the frame?
` MR. MAYS: Objection; asked and answered.
` THE WITNESS: I haven't seen any evidence, any
` reliable evidence, to show that it is.
` THE STENOGRAPHIC REPORTER: You're saying integrally
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 11 of 38 PageID #: 23594
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 146
`
` formed, correct?
` MR. OGDEN: Yes.
` THE STENOGRAPHIC REPORTER: Thank you.
` BY MR. OGDEN:
` Q You personally inspected this machine, correct?
` A That's correct, yes.
` Q And you provided an opinion that the water tank
` of the W 210 Fi was mounted on the frame, correct?
` A Yes. The water reservoir.
` Q Did you observe during your inspection of the
` machine, that the water tank of the W 210 Fi was
` integrally formed from the frame?
` A What do you mean integrally formed from the
` frame, and how do you expect me to observe that?
` Q I mean, integrally formed from the frame that it
` is a piece of welded material that is part of the frame
` and it is the void within the frame that forms the water
` reservoir. Did you observe that?
` A So there's a variety of reasons why it might not
` be possible to observe that. The machine that I was
` looking at was a functional, painted machine. Apparently
` these hitherto, undisclosed photographs, were taken at
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 12 of 38 PageID #: 23595
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 147
` some unknown location. They weren't taken, as far as I
` can tell, of a functional machine. So I guess what I
` observed was that the water reservoir was mounted on the
` frame.
` I don't have an opinion, at least in my opening
` report, about the specific way that it's mounted, and I
` don't think there is any limitation that says the water
` reservoir has to be a discrete component that can be
` removed. To that extent, I guess that's not something I
` specifically observed, nor something that I specifically
` cared to observe.
` Q How long did you spend inspecting the Wirtgen
` W 210 Fi machine?
` A I think it was the morning. It might be in my
` report.
` Q I believe you said you were done around noon.
` Does that sound right?
` A You believe that because it's in my report or...
` Q It's somewhere in your report. We can look it up
` if you'd like to, but that's why I believe it.
` A Yeah, I arrived at 9:30 a.m.
` It doesn't look like I have the entire time --
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 13 of 38 PageID #: 23596
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 148
` oh, concluded around noon, local time. So from 9:30 to
` around noon.
` Q Okay. So you spent about two and a half hours at
` your inspection of the Wirtgen W 210 Fi machine; is that
` right?
` A Yeah.
` Q Okay. When you inspected the Wirtgen W 210 Fi
` machine, was there anything that you asked the operator or
` any of the individuals from Wirtgen to see or do that they
` refused to show you or do for you?
` A No.
` Q Okay. So if you could take a look at Exhibit 12.
` And turn to the Page Number 101.
` A Is this -- this isn't an exhibit, is it? You
` just handed this to me. Is it --
` Q The errata, it's the last piece of Exhibit 12.
` A Oh, okay. Paragraph -- page 101?
` Q Page 101, yes, sir.
` A Okay. I'm there.
` Q Do you have any reason to disagree that the
` figures shown on pages 101, 102, and 103 show that the
` water tank of the Wirtgen W 210 Fi is integrally formed
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 14 of 38 PageID #: 23597
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 177
`
` machine frame.
` Each lifting column, having a lifting position
` corresponding to a position of one of the two telescoping
` hollow column members relative to the other of the two
` telescoping hollow column members, correct?
` MR. MAYS: Objection; form.
` THE WITNESS: That's 1d, e, and f. Did you want to
` ask about 1d, e, and f?
` BY MR. OGDEN:
` Q Let's short circuit it. Does the PM-565 teach
` Elements 1d, e, and f?
` A Just looking on my chart to make sure, but I'm
` seeing 1d. Yes.
` 1e, yes, yes. 1f, yes. Those were the three you
` asked about.
` Q Okay. And do most cold planers include what's
` described as Elements 1d, 1e, and 1f?
` A Give me one second.
` Q Sure, I know it's a lot.
` A I think so, yeah.
` Q Okay. Let's go -- we can get away from the chart
` now. Let's take a look at paragraph 105 of your opening
`
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 15 of 38 PageID #: 23598
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 178
`
` report. And I want to take a look at Figure 3 in
` particular.
` A Okay. 105?
` Q Yes, paragraph 105 on -- goes from page 35 to 36.
` A All right. And this is a summary of the prior
` art. Section PM-565, PM-465, 103 -- okay. Yeah, that's
` the first paragraph.
` Q Well, I want to look at 105, Figure 3.
` A Okay. 105.
` Q Let me know when you're ready.
` A Okay.
` Q Okay. And so I just want to confirm the top
` image there shows the Caterpillar PM-465 cold planer,
` correct?
` A Yes.
` Q And you're not asserting that the Caterpillar
` PM-465 anticipates or renders obvious any claims of the
` '530 Patent, correct?
` A That's correct. The invalidity analysis is with
` respect to the PM-565 Glasson.
` Q Okay. All right. And then back to Figure 3, the
` bottom image there, that's the PM-565, correct,
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 16 of 38 PageID #: 23599
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 179
`
` Caterpillar PM-565?
` A Yes.
` Q And that is the machine that you're relying on
` for your invalidity opinion with respect to the '530
` Patent, correct?
` A The PM-565, yes.
` Q Okay. Now, that image of the PM-565 there, does
` that show a plurality of ground engaging supports for
` supporting the construction machine on the ground surface
` or traffic surface?
` A There's plurality of ground engaging supports,
` yeah.
` Q And those are -- would those be the three tracks
` that we can see?
` A Yeah, those are what are shown in the figure,
` yeah.
` Q And presumably there's a fourth track that we
` can't see, right?
` A Presumably.
` Q Okay. And then because it was so long, I don't
` want to do it the long way. Does that bottom image show a
` plurality of lifting columns?
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 17 of 38 PageID #: 23600
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`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 180
`
` A Sorry, I moved away from it.
` A plurality of lifting columns... oops. It's a
` little hard to see, but yeah, they're sort of retracted.
` Q Okay. And are those lifting columns connected
` between the machine frame and one of the ground engaging
` supports?
` A Yes.
` Q Okay. And do those lifting columns include two
` telescoping hollow column members?
` A It's not apparent from the figure, but, yes.
` Q Okay. Let's go over to paragraph 110.
` And in that paragraph, it goes on for a couple of
` pages, but you've got a Figure 5 and a Figure 6, right?
` A Figure 5, yeah, yeah. And Figure 6, yeah, and a
` Figure 7. Yeah.
` Q And then in Figure 5 there, that shows the
` arrangement of the lifting columns of the PM-565, correct?
` A Yes.
` Q Okay.
` A Yeah, yeah.
` Q And there, it's -- you added that dash box that
` shows the rectangular arrangement of the lifting columns
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`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 18 of 38 PageID #: 23601
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`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 181
`
` of the PM-565, correct?
` A That's an annotation that was added.
` Q Okay. And how much -- it says there -- well,
` I'll ask it this way. It says there that the weight with
` a full load of water is 83,600 pounds, correct?
` A Yeah, it says that in the figure.
` Q Okay. And then it's got a weight listed under
` transport of 74,000 pounds. Do you see that?
` A Yes.
` Q Do you have any idea what the difference between
` those two weights is a result of?
` A Well, it appears to be the weight of the water,
` at least.
` Q Okay. All right. Let's go to paragraph 130.
` A Okay.
` Q Actually, before we do that, let's take a look at
` -- I apologize -- Figure 17 on page 54.
` A Is it numbered page 54 --
` Q Yeah, sorry, so it's paragraph 124, numbered
` page 54.
` A All right.
` Q Not PDF page.
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 19 of 38 PageID #: 23602
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`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 182
`
` A Figure 17 or --
` Q Yes, that's right.
` A Yeah.
` Q And so the top image in Figure 17 shows the
` elevation hydraulic circuit for the front legs, correct?
` A For the PM-565, yeah.
` Q Yes. And so in that, up there at the top where
` it says left front leg elevation, there's a symbol that
` has kind of a yellow T and a gray rectangle?
` A Yeah.
` Q Is that a representation of the hydraulic
` cylinder in the left front leg?
` A Yes.
` Q Okay. And then down below that, there's -- it
` says right front leg elevation and has a similar yellow T
` with a gray box. Is that a schematic depiction of the
` hydraulic cylinder that extends and retracts the right
` front leg?
` A Yes.
` Q And then the bottom image there, that's the -- is
` that the hydraulic circuit for the PM-565 rear legs, in
` addition to other things?
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 20 of 38 PageID #: 23603
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 183
` A Yeah, that's the PM-565 rear leg elevation,
` hydraulic schematic, has the rear legs.
` Q And so up in the upper right-hand corner, there's
` two cylinders there or there's two similar images of a
` yellow T with a gray rectangle, and those represent the
` left rear and right rear hydraulic cylinders that extend
` and retract the rear lifting columns of the PM-565,
` correct?
` A Yeah, yeah.
` Q Is it fair to describe those as being
` hydraulically coupled?
` A Yes.
` Q So they raise together and lower together, is
` that what that means?
` A No.
` Q What does hydraulically coupled mean?
` A Means when one is raising, the other is lowering.
` So basically, it acts sort of like a three-legged stool
` instead of a four-legged stool.
` Q Okay.
` A I believe. Yeah, that's this hydraulic -- it's
` known as two-way float.
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 21 of 38 PageID #: 23604
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 184
` Q Okay. Can they be hydraulically uncoupled so
` that you can raise them together or lower them together?
` A I believe so. Yeah, it depends on the
` arrangement of the valves.
` Q Okay. And then starting at paragraph 130 and
` continuing to paragraph 133, you discuss some leg position
` sensors that you refer to as IR or proximity sensors,
` correct -- or maybe I should say IR sensors and proximity
` sensors?
` A Yeah, I discuss the two IR sensors attached to
` the right rear leg. And just note for the record, IR
` stands for infrared.
` Q Okay. And what is the function of the IR, the
` infrared sensors?
` A So continuing on in that paragraph 130, these are
` used basically to stop at a top or bottom height. They're
` basically triggering an auto stop.
` Q And -- go ahead.
` A Oh, yeah, I was just going to say this is
` described in the service training meeting guide, and
` there's a quote in this paragraph, describing the purpose.
` Q Okay. So you derive your understanding of that
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 22 of 38 PageID #: 23605
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 185
` purpose at least from this quote from the service training
` meeting guide?
` A At least from that.
` Q Okay. And then Figure 20, right after that,
` that's an excerpt from the PM-565 service training meeting
` guide, right?
` A Yes.
` Q Okay. And that shows the IR sensors?
` A Yes. It's basically like a split panel figure,
` it looks like. So, yeah, you're both of the same leg.
` Q Okay. I'd like to have you circle them, but
` could you describe to the Court as best you can where in
` the left figure is the IR sensor and IR emitter?
` A I believe it's related to these wires you see on
` the left. So the sensors are sensing the beam emitted
` from the other side, and then that's shown on the -- oh,
` sorry, the emitters are on the left, and the receivers are
` on the right. So they're both attached to one leg. It's
` the attachment is where you see these wires going into the
` leg.
` And basically you see one is higher than the
` other or one set on each side is higher than the other to
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 23 of 38 PageID #: 23606
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 186
` correspond to the high and the low auto stop positions.
` Q Okay. So does the right side of this figure show
` -- wait. Okay. The receivers are on the right...
` A The receivers are also shown in Figure 22 from an
` inspection of an actual PM-565.
` Q Okay. Oh, all right. Then in paragraph 131 you
` state, The proximity switches of the PM-465 perform
` similar functions to the IR sensors of the PM-565; is that
` right?
` A Yes.
` Q And the PM-565 were released a few years before
` the PM-465, correct?
` A Confusingly, yes.
` Q I know that part is confusing.
` Do you know why Caterpillar switched from IR
` sensors in the PM-565 to proximity switches in the PM-465?
` A Well, I know that the PM-465 is generally a
` smaller type of machine. I think it may have been a
` stripped down type of machine. But let me see.
` I don't have anything to explain why.
` Q Okay. Let's go back, actually, to Appendix F for
` a minute and look at page F4. And earlier, I think you
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 24 of 38 PageID #: 23607
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 187
` agreed that it was your opinion that the PM-565 teaches a
` working drum supported from the machine frame for working
` a ground surface or traffic surface; is that right?
` A Yes.
` Q Okay. And then Figure 4, there, that shows the
` working drum of the PM-565; is that right?
` A Yes.
` Q And that's, again, from the service training
` meeting guide?
` A Yes.
` Q And then let's turn to pages F13 and F14.
` A Okay. Yes, so this is Element 1e.
` Q Yeah, so Figure 12 there, that on the left side
` the shiny metal there, that's one of the two telescoping
` hollow column members of the PM-565?
` THE STENOGRAPHIC REPORTER: I'm sorry, you said column
` numbers?
` MR. OGDEN: Members.
` THE STENOGRAPHIC REPORTER: Members.
` A Yeah, which figure? 12?
` Q Figure 12, yeah.
` A Yeah, it's pointing at the chrome-plated.
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
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`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 25 of 38 PageID #: 23608
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 188
` Q That's the lower telescoping member, right,
` vertically? Well, if we look over to Figure 13 on the
` next page, that shows the upper telescoping hollow column
` member, right?
` A Right, yeah.
` Q And so if we go back to Figure 12, so it's shiny
` in Figure 13, but it's actually painted yellow in
` Figure 12, right?
` A Yes, that's above, yes.
` Q So in Figure 12 the chrome plated tube telescopes
` inside of another tube that's above it, correct?
` A Yes. Those are the two -- the two telescoping
` hollow column members.
` Q And then the piston cylinder unit is installed
` inside ultimately both of those, correct?
` A Yes.
` Q Okay. Okay. Now, let's take a look at Claim 2.
` So let's go to page F21. And here you cite to certain
` portions of the PM-565B service training meeting guide to
` show that the PM-565 had an electronic controller,
` correct?
` A Yes.
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
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`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-14 Filed 10/05/23 Page 26 of 38 PageID #: 23609
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Dr. Adam Sorini, Ph.D.
`
`Page 189
` Q And then there's some other portions of that same
` service training meeting guide that you're citing to show
` that the PM-565 controller can regulate the lifting
` positions of the lifting columns, correct?
` A Yeah, (indecipherable utterance) citing that same
` CAD.
` THE STENOGRAPHIC REPORTER: I'm sorry, I can't hear
` you.
` THE WITNESS: Citing to that same CAD-770066610.
` BY MR. OGDEN:
` Q Okay. And that's the PM-565B service training
` meeting guide; is that right?
` A Yeah, that's the starting Bates number I believe.
` Q Okay. Perfect. All right, and then at F22, you
` combine those disclosures from the service training
` meeting guide with Glasson's teaching of how the sensor of
` its position sensing cylinder can be used in a feedback
` control system of a controller like that of the PM-565,
` correct?
`
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