`
`Exhibit MM
`
`
`
`Case 1:17-cv-00770-JDW Document 245-39 Filed 10/19/23 Page 2 of 5 PageID #: 24915
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`240
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`__________________________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/Counterclaim-Defendant, )
`v. ) Case Number C.A.
`CATERPILLAR INC., ) No. 17-770-JDW
` Defendant/Counterclaim-Plaintiff. )
`__________________________________________)
`
`HIGHLY CONFIDENTIAL, OUTSIDE ATTORNEYS' EYES ONLY
` UNDER THE PROTECTIVE ORDER
`
` Video Deposition of
` ERIC ENGELMANN, Volume II of II
` in his personal capacity
` and as a representative of CATERPILLAR, INC.
` Friday, March 17, 2023
` 9:09 a.m.
`
`Court Stenographer:
`Patrick Mahon, RMR, CRR
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 245-39 Filed 10/19/23 Page 3 of 5 PageID #: 24916
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`291
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`limitations 11A through G.
`BY MR. AINSWORTH:
` Q. Okay. Mr. Engelmann, you can put
`that really large document aside, if you want.
` A. Okay.
` Q. So in October of 2018, Caterpillar
`learned that the administrative law judge had
`found that Caterpillar's machines infringed the
`'530 and '309 patents and that, if used in the
`United States, would infringe the '641 patent.
`Those were his findings; correct?
` MR. CARLSON: Objection. Form.
`BY MR. AINSWORTH:
` Q. You would agree with that?
` MR. CARLSON: Mischaracterizes the
`document.
` A. I believe this concluded there was
`infringement on the, I got the numbers, '530 and
`'309 and that the machines still practiced
`limitations of the '641.
`BY MR. AINSWORTH:
` Q. Okay.
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 245-39 Filed 10/19/23 Page 4 of 5 PageID #: 24917
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`434
`
`1
`2
`3
`4
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`5
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`6
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`7
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`8
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`9
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`10
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`12
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`13
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`14
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`
`STATE OF MINNESOTA)
` : ss CERTIFICATE
`COUNTY OF HENNEPIN)
`
` I, Patrick J. Mahon, Registered Merit
`Reporter, a Notary Public in and for the County of
`Hennepin, State of Minnesota, hereby certify that
`I reported the deposition, and that the witness
`was by me first duly sworn to tell the whole
`truth;
` That the testimony was transcribed under
`my direction and is a true record of the testimony
`of the witness;
` That the cost of the original has been
`charged to the party who noticed the deposition,
`and that all parties who ordered copies have been
`charged at the same rate for such copies;
` That I am not a relative or employee or
`attorney or counsel of any of the parties or a
`relative or employee of such attorney or counsel;
` That I am not financially interested in
`the action and have no contract with the parties,
`attorneys, or persons with an interest in the
`action that affects or has a substantial tendency
`to affect my impartiality;
` That the right to read and sign the
`deposition by the witness was reserved;
`
` WITNESS MY HAND AND SEAL this 26th day of
`March 2023.
`
` ________________________________
` Patrick J. Mahon
` Registered Merit Reporter
` Certified Realtime Reporter
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 245-39 Filed 10/19/23 Page 5 of 5 PageID #: 24918
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Adam W. Poff, Esquire, hereby certify that on October 19, 2023, I caused the foregoing
`
`document to be served by email upon the following counsel:
`
`Bindu A. Palapura
`Andrew L. Brown
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`James C. Yoon
`Ryan R. Smith
`Christopher Mays
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`cmays@wsgr.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`
`caterpillar@wsgr.com
`
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`
`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
`
`Attorneys for Plaintiff
`
`
`
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