throbber
Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 1 of 18 PageID #: 25820
`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 1 of 18 PagelD #: 25820
`
`EXHIBIT 22
`EXHIBIT 22
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 2 of 18 PageID #: 25821
`
`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 250-22 Filed 10/25/23 Page 3 of 18 PageID #: 25822
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 134
` Q. Okay. So Dr. Rahn, if you look at element
`1C, it says "Supporting the subset of the
`components from the machine frame in a rigid manner
`or with a second spring stiffness" and it goes on
`from there; do you see that?
` A. Yes.
` Q. Do you view the terms "a rigid manner" and
`"a second spring stiffness" to be synonymous with
`one another?
` A. I'm sorry. The question again, please.
` Q. Do you view the terms "a rigid manner" and
`"a second spring stiffness" to be synonymous with
`one another?
` A. No.
` Q. And so the italicized language "in a rigid
`manner," you understand that was added in the
`reissue process?
` A. Yes.
` Q. So would you agree at least in that regard
`element 1C is broader because it provides the
`option of in a rigid manner or with a second spring
`stiffness whereas before the ratio it only had a
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`www.DigitalEvidenceGroup.com
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 4 of 18 PageID #: 25823
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 135
`
`second spring stiffness?
` MR. YONAN: Objection, form.
` A. A second spring stiffness includes rigid
`manner. So an example of a second spring stiffness
`that's essentially rigid is one that has a very
`high or technically infinite stiffness.
` Q. So you're saying that you could never have
`a scenario where there would be a machine frame
`with a second -- strike that.
` In your view could there be a scenario
`where the machine frame is in a rigid manner but
`does not have a spring stiffness different than the
`first spring stiffness?
` MR. YONAN: Objection, form, improper
`hypothetical.
` A. Yeah. I'm not quite following you there.
` Q. Well, I think what you said was a rigid
`manner was subsumed within spring stiffness. So
`what I'm -- what I'm wondering is can you think --
`would there be any scenario where you could have a
`machine frame in a rigid manner but where the --
`where the second spring stiffness wasn't
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`www.DigitalEvidenceGroup.com
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`Digital Evidence Group C'rt 2023
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`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 5 of 18 PageID #: 25824
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 137
`
` MR. YONAN: Same objections.
` A. Yeah. Again, for some reason I'm just not
`catching your drift here.
` Q. Well, could -- so you have a first spring
`stiffness which -- which the claim requires and
`that's talking about an elastic attachment to the
`frame. I'll cut to the chase. In B it says
`"Supporting the drive engine components from the
`machine frame elastically with a first spring
`stiffness," right?
` A. I see the item B in claim 1, yes.
` Q. And then the second spring stiffness could
`be any spring stiffness that's higher than the
`first spring stiffness, right?
` MR. YONAN: Same objections.
` A. The claim requires a second spring
`stiffness being relatively higher than the first
`spring stiffness.
` Q. The second spring stiffness could be
`relatively higher than the first spring stiffness,
`yet not be rigid; is that right?
` A. So it's possible to have a stiffness --
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`www.DigitalEvidenceGroup.com
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 6 of 18 PageID #: 25825
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 138
`say, for example, if the stiffness of the first
`spring was 5 and the second spring was 6, it's not
`rigid, but it is a stiffness that's relatively
`higher.
` Q. Okay. Are you aware that some road
`milling machines have tracks while others have
`wheels?
` A. Yes.
` Q. Are there any other options besides
`milling machines with tracks and those with wheels?
` MR. YONAN: Objection, beyond the scope.
` A. So I'm familiar with the tracks and
`wheels, at least that's what I've seen in most of
`the documents that I reviewed.
` Q. You can't think of a third option right
`now?
` A. Not -- not sitting here today.
` Q. Would you -- would you say there's wheels
`inside the tracks?
` MR. YONAN: Same objection.
` A. Are you referring to something
`specifically?
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`www.DigitalEvidenceGroup.com
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 7 of 18 PageID #: 25826
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 190
`
` A. Okay. You said 343.
` Q. Yes. And I think midway through that
`paragraph you wrote "In my experience taking the
`average of input values is a standard signal
`processing technique used to remove noise from the
`input data"; do you see that?
` A. Yes.
` Q. And generally can you explain how taking
`the average of input values would help remove noise
`from the input data?
` A. So if you have a sensor that is producing
`a signal of some kind, there's usually some sort of
`a noise on that signal. So you're not getting the
`exact or even close to the value that you're trying
`to measure. And by taking, say, three points and
`taking an average, so you take the current value,
`the previous value and the one before that, and you
`average those three numbers, it gets rid of the
`random variations between those to a certain
`extent. So it's an example of a filter.
` Q. And do you know what type of filter is
`used for the grade and slope sensors used in the
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 8 of 18 PageID #: 25827
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 191
`
`accused road milling machines?
` A. I remember seeing something about
`averaging, but I can't remember right now where --
`where that is in my report.
` Q. So you would do something like take the
`current value and the two previous values and then
`basically add those together and divide by three
`and that would give you a averaged value that
`effectively removes some of the noise?
` A. That's an example of, yeah, what is a
`typical signal processing filtering approach.
` Q. And would that -- would that typical
`signal processing filtering approach be done within
`the controller that's receiving the sensor input or
`done in the controller itself -- I mean, done in
`the sensor itself?
` A. So --
` MR. YONAN: Objection, form.
` THE WITNESS: Are you asking just like
`generally how it's done or specifically in the --
`in the accused machines?
` Q. Well, in the accused machines do you know
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 9 of 18 PageID #: 25828
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 192
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`how it would be done?
` A. Like I said, I recall something about
`averaging, but I don't -- I don't recall having
`details on how it's actually done.
` Q. In your view the filtered output could be
`the current actual value of a sensor?
` MR. YONAN: Same objection.
` A. So now you're talking about the claim
`language, right, the claim term "current actual
`value"; is that correct?
` Q. Yeah. And you have that here in the
`paragraph we were looking at where it says "The
`current actual values"?
` A. Yes. "Claim 1F requires that the control
`conditioned on set values" --
` THE REPORTER: I'm sorry. Claim 1F --
` THE WITNESS: "Claim 1F requires that the
`control is conditioned on set values and sensed
`current actual values," and I believe that second
`term has some claim construction associated with
`it.
` Q. But the filtered output you were talking
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 10 of 18 PageID #: 25829
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 193
`about in your view could constitute a current
`actual value of a sensor?
` A. Yes, because the claim requires that the
`control is conditioned on these values and signal
`conditioning filtering is an example of that.
` Q. Now, when the -- in the accused products
`-- strike that -- in the accused road milling
`machines when the current actual value is being
`displayed on the screen, do you know if the
`graphical user interface does any additional
`manipulation of the input number, like, for
`example, rounding or some other form of averaging?
` A. So you're asking about what's displayed on
`the screen and how that's -- how that's been
`processed before it gets to the screen essentially?
` Q. Yeah. My understanding is that the
`controller in the road milling machines would
`output this conditioned value that we were talking
`about to one of the user interface screens in the
`machine and then that would be displayed; is that
`right? If it's helpful, I mean, for example, just
`on page 222 in your report you capture kind of a I
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 11 of 18 PageID #: 25830
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 194
`guess screenshot from one of the user manuals and
`this depicts one of the screens in the road milling
`machines of Caterpillar; is that right?
` A. Correct.
` Q. Okay. And it's showing that on the
`left-hand portion of the screen there's a sonic
`sensor that's been engaged? Do you see that icon?
` A. Yes.
` Q. Okay. And in this example it looks like
`the grade for the left would be set at either 2
`inches or 2 centimeters?
` A. It looks like 2 inches.
` Q. Oh, 2 inches. Okay. So the -- so the
`target value here would be 2 inches, right?
` A. Correct.
` Q. And the sensed -- or strike that.
` The measured value would be 2 inches as
`well in this example, right?
` A. The signal coming back from that sonic
`sensor is reading 2 as well, yes.
` Q. And I was -- and so what happens is the
`controller in the road milling machine outputs the
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 12 of 18 PageID #: 25831
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 195
`conditioned potentially averaged sensor reading to
`the screen, and then what I'm wondering is does
`this screen do anything with that sensor reading
`before displaying it on -- displaying it?
` A. So I think my understanding is that the --
`both the controller and the display are receiving,
`you know, at some point the measured value, and
`there may be some processing on those two -- you
`know, on those two numbers to produce what's
`actually displayed and/or used in a controller.
` Q. And do you know if all that processing
`would occur in the -- in the controller or the
`screen that we're looking at?
` MR. YONAN: Objection, form.
` (Witness reviewing document.)
` A. So my understanding is that both -- or
`based on what I've read I see that both the
`controller and the screen are getting that same
`measured data.
` Q. Okay. And that's -- and that's your
`understanding of how it operates?
` A. That's what I understand -- that's how I
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`Digital Evidence Group C'rt 2023
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`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 13 of 18 PageID #: 25832
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 202
` Q. So in your opinion each of the screens in
`the accused road milling machines would be two
`indication and setting devices, right?
` A. Yes.
` Q. And now, is it true there are some --
`strike that.
` If a user buys optional equipment
`including an additional display screen, isn't it
`possible that the user would have a sensor reading
`for one sensor, let's say the left -- the left-hand
`side sensor on one screen and then the right-hand
`side sensor on a second screen?
` A. I don't recall if that's possible.
` Q. Okay. So is it your understanding that
`you would -- on a given main display screen like
`what we see on page 215 you would always be
`displaying two sensors on that?
` MR. YONAN: Objection, form.
` A. So as I said, this one screen is
`indication and setting for both left and right
`sides of the machine.
` Q. Yeah. And my question was just -- it
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 14 of 18 PageID #: 25833
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 221
`
`machines?
` A. Well, a switch-over device does involve
`inputs through the user interface and there's
`definitely software involved.
` Q. But you would -- strike that.
` The switch-over device is not the screen
`overall that we're looking at on page 234, is it?
` A. It's not just the screen. There are other
`parts to it.
` Q. In your view is the switch-over device the
`screen plus various buttons that are displayed on
`the screen?
` A. So the switch-over device involves the
`screen, as you said, for input and these menus come
`down, so you have multiple inputs to do, and then
`you select okay to -- essentially all those things
`are part of that switch-over.
` MR. YONAN: Counsel, not to rush you, but
`if there's a good opportunity for a break.
` MR. SMITH: Yeah. Just a second.
`BY MR. SMITH:
` Q. So in order for these -- strike that.
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 15 of 18 PageID #: 25834
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 222
` So when the machine is off, it's not
`running and the screen is blank with no power to
`it, would there be a switch-over device?
` MR. YONAN: Objection, form.
` A. Well, lots of things wouldn't happen if
`the machine was off.
` Q. So if the machine is off does the machine
`have a switch-over device?
` MR. YONAN: Same objection.
` A. So the switch-over device is to be used
`when the machine is on.
` Q. Does the switch-over device exist when the
`machine is off?
` A. There's certainly lines of software code
`that are still somewhere residing on that machine.
` Q. So is your -- is it your view that the
`switch-over device is lines of code?
` A. Software's part of it. It's not the whole
`thing.
` Q. And my question is just if the machine is
`off can you point to something and say this is the
`switch-over device?
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`www.DigitalEvidenceGroup.com
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`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 16 of 18 PageID #: 25835
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 223
`
` MR. YONAN: Asked and answered.
` A. If the machine is off all the displays are
`dead presumably and lots of the functionality of
`the machine you can't see it. Doesn't mean it's
`not there.
` Q. So when the machine is off can you
`point -- point me to something and say this is the
`switch-over device?
` MR. YONAN: Objection, asked and
`answered.
` A. I tried to explain what -- what's going on
`there if the machine is off.
` Q. And I'm still trying to understand can you
`identify or list what the switch-over device would
`be, if anything, in a scenario when the machine is
`off?
` A. So I mentioned that there's software code
`that's residing inside that memory bank somewhere
`of the microprocessor. That's part of it that you
`can point to even when the machine's off. In order
`for that software to run and display things and
`take input the machine has to be on. And so those
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 17 of 18 PageID #: 25836
`
`8/14/2023
`
`Christopher David Rahn, Ph.D.
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Outside Attorneys' Eyes Only
`
`Page 224
`
`parts of the display -- those parts of the
`switch-over device are still there, but they're
`just not visible.
` Q. Yeah. And so if we look at your analysis
`for claim element 1G, which starts on page 232 of
`your opening report, and continues on to page --
`page 238, is it fair to say you don't cite any
`particular lines of source code?
` A. So I did talk to the source code expert,
`Dr. Valerdi. I had access to these flowcharts
`which are essentially the software in kind of
`graphical flowchart form. I understand those
`flowcharts and Dr. Valerdi confirmed that they
`actually do reflect what's happening in the source
`code. So while I didn't actually review the source
`code myself, I did see how it was structured and
`understand that the flowchart itself says how the
`machine works.
` Q. And I think my question -- and then we can
`wrap up for a break -- was really so what you're
`telling me is that when the machine is off the
`switch-over device is some lines of code somewhere,
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`

`

`Case 1:17-cv-00770-JDW Document 250-22 Filed 10/25/23 Page 18 of 18 PageID #: 25837
`
`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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