Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 1 of 23 PageID #: 25863
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 1 of 23 PagelD #: 25863
`
`EXHIBIT 26
`EXHIBIT 26
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 1 of 23 PagelD #: 25863
`
`EXHIBIT 26
`EXHIBIT 26
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 2 of 23 PageID #: 25864
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 1
`
` THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`_________________________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/Counterclaim-Defendant,) Case Number C.A.
`v. ) No. 17-770-JDW
`CATERPILLAR INC., )
` Defendant/Counterclaim-Plaintiff.)
`_________________________________________)
`
`HIGHLY CONFIDENTIAL - UNDER THE PROTECTIVE ORDER
`
` Video Deposition of
` ERIC ENGELMANN, Volume I of II
` in his personal capacity
` and as a representative of CATERPILLAR, INC.
` Thursday, March 16, 2023
` 9:10 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.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 3 of 23 PageID #: 25865
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 23
`
` is that denotes the vintage of the machine.
` Q. Okay. So for the PM600, there was a
` build 1A, a build 2A, and a build 2B; is that
` correct?
` A. We refer to them as 01A, 02A, and
` 02B. There's a zero in front of the first number.
` Q. Thank you for that correction. I
` will do my best to inspect my notes to insert the
` zero, the O.
` I want to start with the -- I'm sorry.
` Strike that.
` Is the 02B build the current build
` manufactured by Caterpillar?
` A. Can you describe "current"?
` Q. Is 02B build what is presently being
` made on the manufacturing lines at Caterpillar?
` A. That is the model we are currently
` selling to our dealers.
` Q. Okay. So that's the model you're
` currently selling.
` Is there a model that is currently being
` built at Caterpillar's facilities that is not
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 4 of 23 PageID #: 25866
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 24
`
` being sold?
` A. We have built two pilot machines of a
` 02C vintage.
` Q. Okay. And when you say a pilot
` machine, what does a pilot machine mean at
` Caterpillar?
` A. A pilot machine is a machine that is
` built at a phase of the NPI, the new product
` introduction process, that we use to validate and
` verify changes.
` Q. Would you consider a pilot to be,
` like, a prototype?
` A. A pilot is technically different than
` a prototype.
` Q. Okay. How so?
` A. A pilot is intended to be
` production-intent and is meant to verify the
` production process as well as the product.
` Q. Okay. Is there a time frame for
` completing the validation process on the 02C
` build?
` A. Our current target, from what I
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 5 of 23 PageID #: 25867
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 25
` recall, is to complete validation this year, in
` 2023, and targeting a gateway 6 production launch
` date in first quarter or second quarter of 2024.
` Q. So let's go back to the 01A build.
` There are -- I'm going to do this -- I'll just
` give you a heads-up. I'm going to do this for
` each of these builds, but I'm going to ask you
` about various features or functions that have been
` on Caterpillar machines and just want to confirm
` my understanding.
` So you're familiar with a feature called
` "ride control"; correct?
` A. I am familiar with that term.
` Q. Okay. And ride control, that's an
` internal term and -- or, I'm sorry, that's a
` Caterpillar term for a particular feature that was
` on the 01A build for the PM600; correct?
` A. Can you repeat the question?
` Q. Sure. Yeah.
` The term "ride control" is a name
` Caterpillar gave to a feature that was present on
` the 01A build for the PM600?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 6 of 23 PageID #: 25868
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 29
` Q. Okay. The 01A build of the PM600 was
` the first build that was commercially released;
` correct?
` A. Yes, that's correct.
` Q. Okay. And at some point, Caterpillar
` stopped building the 01A build and started
` building the 02A for commercial production;
` correct?
` A. That is correct.
` Q. Was there overlap in the production
` timing?
` A. I do not recall, but I don't believe
` so. I believe it was a series change that we
` stopped and went to the next build.
` Q. Okay. Do you know approximately when
` the 02A build went into commercial production?
` A. I believe it was in the 2019 time
` frame. I don't recall exactly. I could look back
` and find that very easily.
` Q. And the... With the 02A
` build -- I'm sorry. Strike that.
` If you want to know precisely when the 02A
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 7 of 23 PageID #: 25869
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 30
` build went into commercial production, how would
` you find that information?
` A. I would start looking in probably two
` locations.
` Q. And what locations are those?
` A. I would look at the NPI program
` gateway reviews to understand when we had our
` gateway 6 review.
` Q. You said there were two locations.
` Besides the NPI gateway reviews, gateway 6 review,
` what's the other location you would look?
` A. I would also look in the system where
` I can, by serial number, pull up build dates.
` SIMS is an acronym for that system.
` Q. Okay. Now, I want to go through
` similar questions on the 02A build that I asked
` you about the 01A build.
` A. Okay.
` Q. Okay? Did the 02A build for the
` PM600 have ride control?
` A. Can you clarify which specific part
` of the build you're referring to?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 8 of 23 PageID #: 25870
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 38
`
` the 02B build?
` A. Yes, it is.
` Q. Okay. And I should ask that same
` question.
` Is the hot swap feature that's on the 02B
` build the same hot swap feature that was on the
` 02A build?
` A. Yes, it is.
` Q. And the same hot swap feature that
` was on the 01A build?
` A. Yes.
` Q. Okay. All right. I'm going to
` switch to the PM300 now.
` A. Okay.
` Q. And the PM300 had a 01A build, an 02A
` build, and an 02B build; correct?
` A. Yes.
` Q. Okay. Is there a 02C build in
` progress for the PM300?
` A. There were also two pilot machines
` built of the 02C build.
` Q. Starting with the 01A build of the
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 9 of 23 PageID #: 25871
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 48
`
` Was that gateway 6?
` A. No.
` Q. No? Sorry. Is there a gateway
` number for that or...
` A. The early gateways of the program
` explain scope, which would outline the things that
` we are planning to do as part of the project.
` Q. Okay. But is there a -- and I
` apologize. I don't understand quite how you
` number things in the NPI gateway program.
` For the 02C build, do you start off with a
` gateway 1 for the build or...
` A. We start with a gateway launch --
` Q. Okay.
` A. -- and progress through from launch
` to gateway 6 throughout the program.
` Q. Got it.
` And at what gateway are you currently for
` that project?
` A. I believe -- I'd have to look in the
` system. I believe we are at either gateway 4
` or 5.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 10 of 23 PageID #: 25872
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 49
` MR. AINSWORTH: Mr. Carlson, I'm just
` going to make a request on the record. I don't
` believe we received the gateways for the 02C
` build, and so I'll make that request.
` MR. CARLSON: All right. If you want to
` just follow that up with an email, that will help
` us to remember to look into it.
` MR. AINSWORTH: Yeah. I mean, if it's
` something that's, like, a couple documents that
` might just help us sort of understand the 02C
` build that could be produced so we could ask about
` tomorrow, that would be great. Hopefully, you
` know, we don't need to come back. So I will just
` make that request to you now.
` BY MR. AINSWORTH:
` Q. Okay. For the PM300, is it -- and
` the 02C build of the PM300, is it similar between
` gateway 4 and gateway 5?
` A. I believe that project is beyond our
` PCR review, which is a production commitment
` review. I'm pretty certain that was the last
` review we had.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 11 of 23 PageID #: 25873
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 50
` Q. And does that mean it's further along
` or not as far along?
` A. Yes, that is further along. That is
` between gateway 5 and gateway 6.
` Q. Got it.
` And if you wanted to have a quick summary
` of the changes on the 02C build versus the 02B
` build, would there be a gateway document that
` would provide that information?
` A. There would be.
` Q. Okay.
` MR. AINSWORTH: Mr. Carlson, I'll make the
` same request for the PM300 02C build gateway
` documents.
` If we could mark this as Exhibit 2.
` (Engelmann Exhibit 2 was marked for
` identification.)
` BY MR. AINSWORTH:
` Q. Mr. Engelmann, have you seen --
` MR. AINSWORTH: Actually, for the record,
` this was produced to us natively, which is why
` there's no Bates number on the document. But it
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 12 of 23 PageID #: 25874
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 89
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` patent activity from different competitors.
` MR. AINSWORTH: We can mark this as
` Exhibit 17.
` MR. CARLSON: And, Paul, I heard over the
` break you may have some remote people listening
` into this deposition. If that's the case, could
` you just let me know?
` MR. AINSWORTH: No one's listening in.
` MR. CARLSON: Okay.
` MR. AINSWORTH: We have someone reading
` realtime.
` MR. CARLSON: Oh. Okay. And who's that?
` MR. AINSWORTH: Kyle Conklin.
` MR. CARLSON: Okay.
` (Exhibit 17 was marked for
` identification.)
` BY MR. AINSWORTH:
` Q. Mr. Engelmann, you've been handed
` what is marked as Exhibit 17.
` Do you recognize Exhibit 17?
` A. (Reviewing.) I see that Exhibit 17
` is a "Derwent Innovation Alert."
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 13 of 23 PageID #: 25875
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 90
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` BY MR. AINSWORTH:
` Q. And do you know what a "Derwent
` Innovation Alert" is?
` A. This, as I referenced a bit ago, I
` recall being one of the services that would send
` this type of information to subscribers around
` activity in patent space.
` Q. Okay. And Exhibit 17 indicates that
` for this Derwent Innovation Alert you are one of
` the recipients; correct?
` A. I see my email address listed in the
` "Recipients" section of this document.
` Q. And the subject matter of this
` Derwent Innovation Alert are patents for Wirtgen
` and its subsidiaries; correct?
` A. The "Description" of this document
` states that "This patent alert report relates to
` Wirtgen, and subsidiaries, as defined by the
` listed search query, date range, and patent
` collections."
` Q. Well, why would you receive patent
` alerts related to Wirtgen and its subsidiaries?
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 14 of 23 PageID #: 25876
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 91
` MR. CARLSON: And I'll just caution the
` witness not to reveal the substance of any
` privileged communications.
` A. These communications from my
` perspective are just for awareness of this
` activity.
` BY MR. AINSWORTH:
` Q. Okay. When you received a alert such
` as in Exhibit 17 to your email inbox, would you
` read the alert?
` A. In some cases, I likely read the
` alert and in other cases I may not have just due
` to priorities and timing and the number of emails
` that come in on a regular basis.
` Q. Did you personally stay aware of
` patents issued to Wirtgen America -- or I'm sorry.
` Strike that.
` Did you personally stay aware of patents
` issued to Wirtgen and its subsidiaries related to
` cold planers?
` MR. CARLSON: Objection. Form.
` A. I receive these alerts through the
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 15 of 23 PageID #: 25877
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 92
`
` subscriptions.
` BY MR. AINSWORTH:
` Q. Beyond these alerts, did you
` personally stay aware of patents issued to Wirtgen
` and its subsidiaries related to cold planers?
` MR. CARLSON: Objection. Form.
` A. This is one of the primary methods of
` our awareness of the activity.
` BY MR. AINSWORTH:
` Q. Okay. And, again, I'm not going to
` ask you about communications you had with your
` counsel.
` Were there any other methods of awareness
` of patent activities by Wirtgen and its
` subsidiaries that you regularly used?
` A. Can you define the time frame that
` you're referring to?
` Q. Sure.
` During your work on the development of the
` PM600 machine, what methods did you use in
` addition to any Derwent Innovation alerts to stay
` aware of Wirtgen's patent activities?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 16 of 23 PageID #: 25878
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 93
` MR. CARLSON: Objection. Form. And I'll
` caution the witness on privilege.
` A. This was really the primary way that
` I stayed aware of this activity.
` BY MR. AINSWORTH:
` Q. ^ ^ ^ ^ okay. All right, I'm going
` to for the next few questions have some questions
` for you, Mr. Engelmann, in your capacity as a
` 30(b)(6) representative of Caterpillar.
` A. Okay.
` Q. And my first question is -- and I'll
` refer to the 30(b)(6) notice, is going to relate
` to... I had it in my head, and it disappeared
` from me. Just one second.
` MR. AINSWORTH: Thanks.
` BY MR. AINSWORTH:
` Q. Topic 46, which you are the designee.
` You understand that Caterpillar has
` asserted three patents in this case against
` Wirtgen?
` A. Yes, I'm aware of that.
` Q. And we have nicknames for each of
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 17 of 23 PageID #: 25879
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 103
` A. The PM300 is also currently only
` produced in Minerbio, Italy.
` Q. We've not yet gotten to the topic of
` rotary mixers. But if I refer to those as the
` "RM," you'll know what I'm referring to?
` A. Yes.
` Q. Where is the RM manufactured?
` MR. CARLSON: Objection. Form.
` A. The rotary mixer products are all
` currently built in our facility in
` North Little Rock, Arkansas.
` BY MR. AINSWORTH:
` Q. Going back now to the start of
` commercial production of the PM600 and PM800:
` When the machines were first in production, they
` were also made in Italy; correct?
` A. Yes, they started production in
` Italy.
` Q. At some point, Caterpillar began
` producing PM600 and PM800s in Arkansas; correct?
` A. Yes, we produced the PM600 and 800s
` in North Little Rock.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 18 of 23 PageID #: 25880
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 104
` Q. Did Caterpillar ever produce PM300s
` in North Little Rock?
` A. No, we did not.
` Q. Okay. When did Caterpillar stop
` producing the PM600 and PM800 in
` North Little Rock?
` A. I believe the last units from
` North Little Rock were in the first quarter of
` 2022.
` Q. During the time that Caterpillar was
` manufacturing PM600 and PM800s in
` North Little Rock, were some of those machines
` that were built the 01A build of those commercial
` models?
` A. No, the 01A was never built in
` North Little Rock.
` Q. Was the 02A built in
` North Little Rock?
` A. I don't believe so. I think
` North Little Rock started with 02B builds. I'd
` have to look back and confirm.
` Q. What was the monthly capacity for
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 19 of 23 PageID #: 25881
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 105
`
` producing PM600 and PM800 machines in
` North Little Rock?
` A. Give me one moment, Paul, and I'll
` look at that. I may need to correct my last
` statement --
` Q. Sure.
` A. -- because the 02A may have been
` built in North Little Rock. (Reviewing.)
` I think I would have to go -- I think I'd
` have to go look that up. I'm just having a hard
` time remembering exactly when we transitioned that
` build and what serial numbers would have been
` produced.
` Q. Referring to Exhibit 2 in
` your --
` A. Yes.
` Q. You started reviewing that in
` response to your answer; correct?
` A. Yes.
` Q. And maybe one way we can solve this:
` Is it correct that the serial number prefix for a
` machine corresponds in part to the build facility?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 20 of 23 PageID #: 25882
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 106
`
` A. Yes.
` Q. So if there were an 02A build that
` had the serial number prefix LB8, that would have
` indicated it was from North Little Rock?
` A. Yes.
` Q. Okay.
` A. And if there was an LB8 serial number
` from 100 -- between 100 and 300, I would know that
` was an 02A build, and then 300 and up would be an
` 02B build.
` Q. Okay. That gives me what I need to
` know to figure this out.
` A. Okay.
` Q. So thank you.
` A. Okay.
` Q. So going back to the question I asked
` a little bit ago: What was the monthly production
` capacity for PM600 and PM800 machines in
` North Little Rock?
` A. I do not know what that build
` capacity number was.
` Q. Okay. Do you know how the build
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 21 of 23 PageID #: 25883
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 132
` the legs or lifting columns, the machine stays on
` grade during the hot swap operation?
` A. The legs will not move during that
` operation.
` Q. So if the machine is on grade when
` the hot swap occurs, it will stay on grade during
` the hot swap?
` A. That is my understanding.
` Q. So when you perform the hot swap
` operation and let's say, for example, you are
` going from a slope sensor to a side plate sensor,
` how is the target value set for the elevation
` sensor?
` A. Can you repeat the question? I just
` want to make sure I understand.
` Q. Sure.
` When you perform the hot swap operation
` and you are switching from a slope sensor to a
` side plate sensor, how is the target value set for
` the side plate sensor?
` A. Precisely how it's set would
` be -- would be, you know, determined by the source
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 22 of 23 PageID #: 25884
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 133
` code. But it's my understanding that the target
` is set by the target for the side plate being set
` equal to the current measured value of the side
` plate at the time of the swap.
` Q. And if you were to, say, go from the
` side plate sensor and swap to the slope sensor,
` how is the target value for the slope sensor set?
` A. Again, the source code would walk
` through that. But it's my understanding that,
` again, because the slope sensor is what we call an
` absolute sensor, that the target value when
` switching to that is set to the measured, the
` current measured value of that sensor at the time
` of the switch.
` Q. Is the hot swap feature a feature
` that is regularly used by Caterpillar customers
` who have the grade-and-slope feature on their
` milling machines?
` MR. CARLSON: Objection. Form.
` A. I'd have a hard time answering how
` often it's used. I think it's situational by
` customer.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-26 Filed 10/25/23 Page 23 of 23 PageID #: 25885
`
`3/16/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Under the Protective Order
`
`Eric Engelmann, Vol I
`
`Page 236
`
` 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
`
`1
`2
`3
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.comDigital 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
