Case 1:17-cv-00770-JDW Document 245-25 Filed 10/19/23 Page 1 of 6 PageID #: 24797
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`Exhibit Y
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`Exhibit Y
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`Case 1:17-cv-00770-JDW Document 245-25 Filed 10/19/23 Page 2 of 6 PageID #: 24798
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
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`Richard W. Klopp
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`Page 1
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`___________________________________
`IN RE MATTER OF: )
`WIRTGEN AMERICA, INC., )
`Plaintiff/Counterclaim-Defendant, ) C.A. No.:
` vs. ) 1:17-cv-00770-JDW-MPT
`CATERPILLAR, INC., )
`Defendant/Counterclaim-Plaintiff. )
`___________________________________)
`
` VIDEOTAPED DEPOSITION OF RICHARD W. KLOPP
` PALO ALTO, CALIFORNIA
` Thursday, August 17, 2023
`
`Stenographically Reported by:
`HEATHER J. BAUTISTA, CSR, CRR, RPR, CLR
`Realtime Systems Administrator
`California CSR License #11600
`Oregon CSR License #21-0005
`Washington License #21009491
`Nevada CCR License #980
`Texas CSR License #10725
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 245-25 Filed 10/19/23 Page 3 of 6 PageID #: 24799
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 58
`backwards and that would cause the kickback ski
`to --
` (Stenographer clarification.)
` THE WITNESS: -- trigger.
` Q. (By Mr. Ainsworth) Would a driver or
`operator of a machine who were to do what you
`described there and descended the drum prematurely,
`would that be consistent with the recommended
`operation of a PM-465?
` A. It probably would not be, but it's
`certainly a highly, highly plausible scenario.
` Q. Okay.
` You're not aware of any Caterpillar manual
`that directs operators of a PM-465 that they should
`lower the drum prematurely to save time for the next
`cut; right?
` A. I'm not aware.
` Q. Okay.
` Now, in your -- if -- the other scenario
`you identify backing into a small raised berm while
`the drum was rotating. What do you mean by a berm?
` A. So when you mill along with one of these
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
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`202-232-0646
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`
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`Case 1:17-cv-00770-JDW Document 245-25 Filed 10/19/23 Page 4 of 6 PageID #: 24800
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 59
`things, it -- it pushes cut material ahead of the
`drum a little bit that isn't immediately scooped out
`of the way and conveyed away. And, likewise, the
`moldboard behind will continuously push up a -- some
`material. It's sort of like a bulldozer blade.
` If you then pull up out of the cut, those
`bits of materials will be left behind, and it's
`highly reasonable to think that in some maneuver,
`the -- somebody would -- would back into one of
`those, perhaps left over from a prior pass, and
`trigger the kickback ski.
` Q. How -- is the berm that you're talking
`about, is it located in the cut or outside the cut?
` A. So the bit of material that is generated in
`front of the drum is in front of the cut because the
`drum hasn't gotten there yet, but it still has
`spilled material ahead. The material that's pushed
`along by the moldboard is -- is definitely in the
`cut behind the drum.
` Q. And did you observe berms being created by
`the PM-465?
` A. Yes.
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 245-25 Filed 10/19/23 Page 5 of 6 PageID #: 24801
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 155
` And so now the scraper blade -- that's also
`called a moldboard; right?
` A. Yes.
` Q. Okay.
` And you know what a moldboard is; right?
` A. Yes.
` Q. What's a moldboard?
` A. A scraper blade. It's -- it's -- in the
`accused products and the 465 and 565, it's a -- it's
`a blade behind the drum that rides along in the cut.
` Q. Okay.
` It's funny. Caterpillar calls it a
`moldboard. Wirtgen calls it a scraper blade. It
`took me a long time to figure out we're all on --
`what we're talking about.
` So, but we all know what a scraper blade
`is; it's that -- it's at the rear portion of the
`rotor box; right?
` A. Correct.
` Q. Okay.
` Now, in -- for this combination, what are
`you relying upon from one of the secondary
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 245-25 Filed 10/19/23 Page 6 of 6 PageID #: 24802
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 298
` I, HEATHER J. BAUTISTA, CSR No. 11600, Certified
`Shorthand Reporter, certify:
` That the foregoing proceedings were taken before
`me at the time and place therein set forth, at which
`time the witness declared under penalty of perjury; that
`the testimony of the witness and all objections made at
`the time of the examination were recorded
`stenographically by me and were thereafter transcribed
`under my direction and supervision;
` That the foregoing is a full, true, and correct
`transcript of my shorthand notes so taken and of the
`testimony so given;
` ( ) Reading and signing was requested/offered.
` (XX) Reading and signing was not requested/offered.
` ( ) Reading and signing was waived.
` I further certify that I am not financially
`interested in the action, and I am not a relative or
`employee of any attorney of the parties, nor of any of
`the parties.
` I declare under penalty of perjury under the laws
`of California that the foregoing is true and correct.
`
`
` Dated: August 25, 2023
`
` _______________________________________
` HEATHER J. BAUTISTA, CSR, CRR, RPR, CLR
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`202-232-0646
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