`Case 1:17-cv-00770-JDW Document 250-29 Filed 10/25/23 Page 1 of 5 PagelD #: 25901
`
`EXHIBIT 29
`EXHIBIT 29
`
`
`
`Case 1:17-cv-00770-JDW Document 250-29 Filed 10/25/23 Page 2 of 5 PageID #: 25902
`
`3/29/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jan Schmidt 30(b)(6)
`
`Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`____________________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/Counter-Defendant )
`vs. ) Case No.
`CATERPILLAR, INC., ) 1:17-cv-00770-JDW
` Defendant/Counter-Plaintiff. )
`____________________________________)
`
` CONFIDENTIAL - ATTORNEYS' EYES ONLY
` Video Recorded Deposition of:
` JAN SCHMIDT
` Rule 30(b)(6) Designee of Wirtgen America, Inc.
` Taken on behalf of the Defendant/Counter-Plaintiff
` Wednesday, March 29, 2023
`
`Court Stenographer:
`Virginia Dodge, RDR, CRR, LCR
`______________________________________________________
` 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 250-29 Filed 10/25/23 Page 3 of 5 PageID #: 25903
`
`3/29/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jan Schmidt 30(b)(6)
`
`Page 138
`less than a year after this lawsuit was filed, correct?
` A. Eight months, I guess.
` Q. Eight months.
` So in other words, with respect to this
`statement here, Wirtgen America is alleging that
`Caterpillar only obtained notice of the '390 and '391
`patents after this lawsuit was filed, correct?
` A. If those dates are correct, then that would
`be the time difference. Yeah. Seven or eight months.
` Q. And similarly, the next sentence reads,
`"Caterpillar, Inc. had notice of U.S. Patent Number US
`RE48,268 at least as early as September 2, 2021."
` Do you see that?
` A. Yep.
` Q. And likewise, September 2, 2021 is now about
`four years after this lawsuit was first filed. Does
`that sound right?
` A. Yep.
` Q. And so with respect to the '390, the '391 and
`the '268 patents, Wirtgen's allegation is that
`Caterpillar only obtained knowledge of those patents
`after this lawsuit was filed. Is that right?
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-29 Filed 10/25/23 Page 4 of 5 PageID #: 25904
`
`3/29/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jan Schmidt 30(b)(6)
`
`Page 139
`
` ATTORNEY LEVY: Objection. Form.
` A. Again, if those dates are correct, then that
`would be correct.
` Q. (By Attorney Mays) And this interrogatory
`response refers to several dates overall in which
`Wirtgen America contends Caterpillar learned of certain
`patents, correct?
` A. You're referring to the paragraph on page 17?
` Q. Correct.
` A. There are numerous patents and numerous
`dates.
` Q. But these are dates where Wirtgen America
`contends that Caterpillar learned about the patents,
`correct?
` ATTORNEY LEVY: Objection. Form.
` A. At least as early.
` Q. (By Attorney Mays) Yeah. That's fine. At
`least as early.
` But my point here is that these at-least-as-
`early dates are referring to dates when Wirtgen
`contends Caterpillar learned about the patents.
` ATTORNEY LEVY: Objection. Form.
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-29 Filed 10/25/23 Page 5 of 5 PageID #: 25905
`
`3/29/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jan Schmidt 30(b)(6)
`
` C E R T I F I C A T E
`
`Page 258
`
` I, Virginia Dodge, Registered Diplomate
`Reporter and Tennessee Licensed Court Reporter and
`Notary Public, do hereby certify that I recorded to the
`best of my skill and ability by machine shorthand the
`deposition contained herein, that same was reduced to
`computer transcription by myself, and that the
`foregoing is a true, accurate and complete transcript
`of the deposition testimony heard in this cause.
` I further certify that the witness was first
`duly sworn by me and that I am not an attorney or
`counsel of any of the parties, nor a relative or
`employee of any attorney or counsel connected with the
`action, nor financially interested in the action.
` This 6th day of April, 2023.
`
` ___________________________________
` Virginia Dodge
` My Commission Expires: 8/23/2026
` Tennessee LCR No. 734, Exp: 6/30/24
` Tennessee CCR No. 0499, Exp: 6/30/24
` RDR/CRR #835835
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
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