`
`Exhibit II
`
`
`
`Case 1:17-cv-00770-JDW Document 245-35 Filed 10/19/23 Page 2 of 4 PageID #: 24889
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`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. )
`________________________________)
` HIGHLY CONFIDENTIAL
` OUTSIDE ATTORNEYS' EYES ONLY
` DEPOSITION OF CHRISTOPHER DAVID RAHN, Ph.D.
` WASHINGTON, D.C.
` AUGUST 14, 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 245-35 Filed 10/19/23 Page 3 of 4 PageID #: 24890
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 40
` A. Well, I remember one in particular of
`Busley, one of the inventors on the '268 Patent
`with regard to the prosecution history.
` Q. And do you know if this was a deposition
`transcript with questions and answers or was it a
`declaration perhaps?
` A. That's a good point. I don't recall what
`it was.
` Q. Okay.
` And do you recall why you were
`inspecting -- strike that.
` Do you recall why you inspected the
`Wirtgen machines?
` A. So that was relatively early in our -- in
`the process I would say, and I was getting an
`understanding of the technology.
` Q. Is it fair to say that you're not offering
`any opinion that any Wirtgen machines practiced the
`'268, '474, or '788 Patents?
` A. I don't recall offering any opinions on
`that, no.
` Q. Do you recall personally reviewing any
`
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 245-35 Filed 10/19/23 Page 4 of 4 PageID #: 24891
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 279
`
` 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 23 day of August,
`2023.
`
`________________________________
`Tina M. Alfaro, RPR, CRR, RMR
`
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`
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