`
`Exhibit HH
`
`
`
`Case 1:17-cv-00770-JDW Document 245-34 Filed 10/19/23 Page 2 of 5 PageID #: 24884
`
`8/17/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`John Meyer, Ph.D.
`
`Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`--------------------------------)
`WIRTGEN AMERICA, INC., )
` Plaintiff/Counter- )Case No.
` Defendant, )1:17-cv-00770-JDW
` vs. )
`CATERPILLAR, INC., )
` Defendant/Counter- )
` Plaintiff. )
`--------------------------------)
`
` DEPOSITION OF JOHN MEYER, Ph.D.
` WASHINGTON, D.C.
` AUGUST 17, 2023
`
`REPORTED BY: Tina Alfaro, RPR, CRR, RMR
`______________________________________________________
` 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 245-34 Filed 10/19/23 Page 3 of 5 PageID #: 24885
`
`8/17/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`John Meyer, Ph.D.
`
`Page 106
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` MR. PHERO: Objection to form,
`mischaracterization.
` A. I think that refers to the novelty of the
`invention, not -- not the components or parts of
`the invention which are also present in prior art.
` Q. Would you agree with me, then, that what
`must be commercially successful must be the novel
`parts of the invention?
` MR. PHERO: Objection to form, calls for a
`legal conclusion.
` A. As a patent attorney -- or as not a patent
`attorney I don't know that I am able to give you a
`concrete answer as far as that goes.
` Q. Okay. Here you say at the beginning of
`paragraph 199 that "The asserted claims of the
`'641 Patent is co-extensive with the covered road
`milling machines"; do you see that?
` A. Yes.
` Q. Whose covered road milling machines are
`you talking about?
` A. Wirtgen's road milling machines.
` Q. Okay. In your opening report do you
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 245-34 Filed 10/19/23 Page 4 of 5 PageID #: 24886
`
`8/17/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`John Meyer, Ph.D.
`
`Page 107
`anywhere provide an analysis showing that use of
`Wirtgen's road milling machines practice each and
`every step of claims 11, 17, and 18?
` MR. PHERO: Objection to form.
` A. My understanding is that the material from
`the prior ITC investigation has been made available
`to this particular case, and in that investigation
`I did that analysis.
` Q. Okay. And did you cite that in your
`opening report?
` A. I don't recall if that's cited.
` Q. Okay.
` Okay. Let's look at paragraph 191 of your
`opening report, and I've just got a series of a few
`quick questions about this section. Paragraph 191
`you don't -- you don't cite any evidence to support
`the opinions in this paragraph, correct?
` MR. PHERO: Objection to form.
` A. What was your question?
` Q. In paragraph 191 of your opening report
`you don't cite any evidence supporting the opinions
`contained here, correct?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 245-34 Filed 10/19/23 Page 5 of 5 PageID #: 24887
`
`8/17/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`John Meyer, Ph.D.
`
`Page 228
`
` C E R T I F I C A T E
` I, TINA M. ALFARO, Registered Professional
`Reporter, Certified Realtime Reporter, and
`Registered Merit Reporter, the officer before whom
`the foregoing deposition was taken, do hereby
`certify that the foregoing transcript is a true and
`correct record of the testimony given; that said
`testimony was taken by me stenographically and
`thereafter reduced to typewriting under my
`direction; that reading and signing was requested;
`and that I am neither counsel for, related to, nor
`employed by any of the parties to this case and
`have no interest, financial or otherwise, in its
`outcome.
` IN WITNESS WHEREOF, I have hereunto set my
`hand on this 24th day of August, 2023.
`
`
`________________________________
`Tina M. Alfaro, RPR, CRR, RMR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
