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`Exhibit 92
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`Case 1:17-cv-00770-JDW Document 230-15 Filed 10/05/23 Page 2 of 5 PageID #: 24131
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`
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`Civil Action No. 1:17-cv-00770-JDW
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`CONTAINS INFORMATION
`MARKED
`CONFIDENTIAL PURSUANT TO
`PROTECTIVE ORDER
`
`
`WIRTGEN AMERICA, INC.,
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` Plaintiff/Counterclaim-Defendant,
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`
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`CATERPILLAR INC.,
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` Defendant/Counterclaim-Plaintiff.
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`v.
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`REBUTTAL EXPERT REPORT OF DR. CHRISTOPHER RAHN
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`Case 1:17-cv-00770-JDW Document 230-15 Filed 10/05/23 Page 3 of 5 PageID #: 24132
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`
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`trains included “a coaxial, rigidly supported arrangement” of shafts which connected
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`the drive train components. ’268 Patent, 1:45-50. Skilled artisans would have
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`understood that coaxial arrangements of shafts such as these would have been
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`aligned within manufacturing tolerances, not aligned perfectly.
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`97. A skilled artisan would also have understood that although some drive
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`train components could be attached to the machine frame using rubber isolators, the
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`isolators would be designed to maintain alignment when the machine is not in
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`operation. This includes the proper design of the isolator to maintain creep within
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`acceptable limits during the service life and maintenance and replacement of aged
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`isolators with excessive creep.
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`98. A skilled artisan would have further understood that the claims require
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`that the “articulated coupling accommodates a lack of alignment between the output
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`axis of the drive engine and the input axes of the hydraulic pump drive and the drive
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`pulley due to dynamic movement of the first subset relative to the second subset
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`during operation of the construction machine.” See e.g., ’268 Patent, Claim 14, 7:43-
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`49, 9:39-44, 11:37-42; see also ’268 Patent, 5:17-25.
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`99.
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`I disagree with Dr. Klopp’s opinion at paragraph 47 of his report that
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`claim was broadened to include more than one torque. Klopp Rpt, ¶47. A skilled
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`artisan would have understood that Claim 14 of the ’268 Patent was amended to
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`recite “a clutch for switching a torque” instead of “a clutch for switching the torque”.
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`57
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`Case 1:17-cv-00770-JDW Document 230-15 Filed 10/05/23 Page 4 of 5 PageID #: 24133
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`
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`A skilled artisan would have understood that in both the original and the amended
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`phrase, the clutch switches the torque that the engine generates by engaging to
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`transmit the engine’s torque to the working drum, or disengaging to disconnect the
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`working drum from the engine.
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`100. A working drum is driven mechanically by a drive train that comprises
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`a drive engine, a pump transfer case, a clutch and a belt drive. The direct mechanical
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`drive of the working drum, which consists of a milling drum, can be engaged or
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`disengaged again by means of the clutch. ’268 Patent, 1:37-41.
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`“The drive train 8 further shows a device for switching the torque 14,
`which is arranged in the drive train 8 between the drive engine 10 and
`the working drum 6 and preferably consists of a clutch.”
`’268 Patent 4:51-54. Both phrases require a clutch that switches the same torque –
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`the engine torque. For at least this reason, I disagree with Dr. Klopp that the amended
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`phrase broadens the meaning of the claim to include more than one torque.
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`101. I disagree with Dr. Klopp’s opinion at paragraph 48 of his report that a
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`skilled artisan would have understood claim 30 to require the articulated coupling to
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`extend within the oil-lubricated space interior to the gearbox. Klopp Rpt, ¶48; see
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`Section V.B.2. A skilled artisan would have understood that claim 30 specifies that
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`an “articulated coupling extends into the interior space of the hydraulic pump drive”
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`which is a separate space from and not inside the gearbox casing of the hydraulic
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`pump drive. A skilled artisan would have read the claim in the context of the
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`58
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`Case 1:17-cv-00770-JDW Document 230-15 Filed 10/05/23 Page 5 of 5 PageID #: 24134
`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Conclusion
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`This report contains my complete opinions as of today based on discovery
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`provided by Caterpillar. I reserve the right to amend, modify, or supplement this
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`Report in the event additional discovery is provided by Caterpillar, including any
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`expert opinions offered by Caterpillar.
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`Dated: June 16, 2023
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`_______________________
`Christopher Rahn, Ph.D.
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`151
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`
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