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`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.,
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`Plaintiff/Counterclaim-Defendant,
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`v.
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`CATERPILLAR INC.,
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`Defendant/Counterclaim-Plaintiff.
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`DECLARATION OF JOSEPH RAKOW
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`I, Joseph Rakow, declare as follows:
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`1.
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`As part of my invalidity analysis, I traveled to Italy to inspect Caterpillar’s prior art
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`PM-465 and PM-565 machines. Inspections are an integral component of my engineering analysis
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`across virtually all engagements, and in the present matter, my inspection in Italy allowed me to
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`confirm the accuracy of certain statements and images within the product literature. I withheld
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`formulating opinions until completing my inspection and reviewing all available evidence.
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`2.
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`My inspection of the PM-465 and PM-565 was especially important for claim 29
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`of the ’309 patent. Claim 29 requires “a four-sided stability pattern having a widest transverse
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`dimension, transverse to the forward direction of the chassis, which widest transverse dimension
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`falls within a footprint of the working roller or rotor.” Although the product literature included
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`illustrations and photographs of the machines, my inspection allowed me to physically measure
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`and confirm specific dimensions relevant to this claim. For example, the illustrations did not
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`clearly show the position and diameter of the rotor relative to the widest transverse dimension. My
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`inspection confirmed that the widest transverse dimension was, in fact, within the rotor’s footprint.
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`1
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`DocuSign Envelope ID: F26563F4-718A-4AB0-A0F8-B17ADF17FDAA
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`Case 1:17-cv-00770-JDW Document 241 Filed 10/19/23 Page 2 of 2 PageID #: 24382
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`I declare under penalty of perjury under the laws of the United States that the
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`foregoing is true and correct to the best of my knowledge and belief after reasonable
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`investigation.
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`Executed on October 19, 2023 in Menlo Park, CA.
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`__________________________________________
`Joseph Rakow
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`2
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`DocuSign Envelope ID: F26563F4-718A-4AB0-A0F8-B17ADF17FDAA
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