Case 1:17-cv-00770-JDW Document 229-26 Filed 10/05/23 Page 1 of 8 PageID #: 23772
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`Exhibit 73
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`Exhibit 73
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`Case 1:17-cv-00770-JDW Document 229-26 Filed 10/05/23 Page 2 of 8 PageID #: 23773
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`
`Page 1
`
`---------------------------------x
`WIRTGEN AMERICA, INC., :
` Plaintiff/Counterclaim-Deft. :
` V. : C.A. No.
`CATERPILLAR, INC., : 17-770-JDW-MPT
` Defendant/Counterclaim-Plf. :
`---------------------------------x
`
` VIDEOTAPED DEPOSITION OF DR. JOHN LUMKES
` Friday, August 11, 2023
` 9:10 a.m. Eastern Daylight Time
`REPORTER: Sherry L. Brooks,
` Certified LiveNote Reporter
`
`______________________________________________________
` 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 229-26 Filed 10/05/23 Page 3 of 8 PageID #: 23774
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`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 159
`
` A. Yep.
` Q. Okay. And do you see an annotated CAD
`image under paragraph 147?
` A. I do.
` Q. And how was that image generated?
` A. So I worked on -- I believe it was during
`a call when we opened up the CAD file. It was a JT
`CAD and there's a couple things that were on hid like
`the cover over the milling rotor, so you could
`actually see exactly where the milling rotor was in
`the location of the columns.
` Inside the CAD program the midpoints -- or
`the -- yeah, the midpoints of the columns were
`identified and the lines drew, if I remember right,
`in CAD. And then the midpoints of those lines were
`identified in CAD, and then I don't know if it's a
`screenshot or an export like a file export.
` But I believe then we had the blue lines
`added after that connecting the midpoints of those
`four line segments.
` Q. And you said this is -- strike that.
` You said you opened up the CAD file during
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-26 Filed 10/05/23 Page 4 of 8 PageID #: 23775
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 160
`
`a phone call; is that right?
` A. I think it was probably Zoom or Teams that
`we were using.
` Q. Who was on the phone call?
` A. I'd have to look back at my notes. Well,
`I don't know if I have that captured.
` Q. Was it lawyers?
` A. Yeah, the attorneys I'm working with on
`the case.
` Q. And who was the person that opened up the
`CAD file?
` A. I don't recall that.
` Q. So one of the lawyers was the person that
`opened the CAD file?
` MR. CONKLIN: Objection. Misstates
`testimony.
` A. I don't remember who was actually on the
`computer if I even knew that.
` BY MR. SMITH:
` Q. Did you personally ever open up the CAD
`file for which we're seeing the screenshot under
`paragraph 147?
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-26 Filed 10/05/23 Page 5 of 8 PageID #: 23776
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 161
` A. Physically sitting at the computer and
`opening it, no.
` Q. And do you have any understanding about
`what the educational background of the person who
`opened up the CAD file was?
` A. No. If I didn't know the person, then I
`wouldn't know their background.
` Q. And were they doing a shared screen of --
`of them opening the CAD file?
` A. I believe that's what it was, yes.
` Q. And when you -- when you saw the CAD file
`open, were you able to see different perspectives?
` A. Yeah. That level of detail I think we
`pretty quickly focused on the items of interest that
`we wanted to look at.
` Q. And was it your understanding that those
`-- strike that.
` If you look at the image, there are these
`kind of red -- red lines that go from each of the
`columns, I suppose, the center of the lifting
`columns. So there's red lines that go from the
`center of each lifting column to the, I guess,
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
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`Case 1:17-cv-00770-JDW Document 229-26 Filed 10/05/23 Page 6 of 8 PageID #: 23777
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 162
`corresponding center of the opposite lifting column;
`is that right?
` A. Well, the four line segments connect the
`center of the four lifting columns together.
` Q. And were those lines -- were the lines
`connecting the lifting columns together already in
`the CAD file when you first saw it?
` A. They were added.
` Q. And who added those -- those lines?
` A. It goes back to the same -- the actual
`name, I don't remember.
` Q. Did you direct that person to add those
`lines?
` A. I don't think it was like I put the cursor
`here, click here, do this. But in the sense of yeah,
`that's correct and draw this in, there was a
`discussion back and forth, yes.
` Q. So first the red lines were added and then
`the -- strike that.
` So after the red lines were added how did
`-- how did you find the midpoint between each of
`those redline segments?
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
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`Case 1:17-cv-00770-JDW Document 229-26 Filed 10/05/23 Page 7 of 8 PageID #: 23778
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 163
` A. I believe that was a function of CAD being
`identified in that -- I'm trying to think back to --
`I'm pretty sure and I'd have to look at Zoom and the
`numbers, that that was -- I was pretty sure that it
`was done in CAD and it was done by CAD.
` Q. So it was an automatic function that was
`used in CAD by somebody?
` A. Yeah, probably like identify the center
`distance of a line.
` Q. And were you able to see the dimensions,
`for example, the length of the line segments?
` A. At the time there's I think some in here
`that are harder to read. I don't remember not having
`problems seeing what I wanted to see.
` Q. But you didn't -- you didn't write down
`those -- those measurements in the body of your
`expert report, did you?
` A. No. They're not in the body of the expert
`report, as far as I know, no.
` Q. So right not looking at just paragraph
`147, we can't see what the dimensions are?
` A. In the paragraph 147 it does not contain
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 229-26 Filed 10/05/23 Page 8 of 8 PageID #: 23779
`
`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 274
`
` CERTIFICATE OF NOTARY PUBLIC
` I, SHERRY L. BROOKS, the officer before
`whom the foregoing deposition was taken, do hereby
`certify that the witness whose testimony appears in
`the foregoing deposition was duly sworn by me; that
`the testimony of said witness was taken by me in
`stenotype and thereafter reduced to typewriting under
`my direction; that said deposition is a true record
`of the testimony given by said witness; that I am
`neither counsel for, related to, nor employed by and
`of the parties to the action in which this deposition
`was taken; and, further, that I am not a relative or
`employee of any counsel or attorney employed by the
`parties hereto, nor financially or otherwise
`interested in the outcome of this action.
`
` SHERRY L. BROOKS
` Notary Public in and for
` District of Columbia
`
`My commission expires: November 30, 2025
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`202-232-0646
`
`
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