`Case 1:17-cv-00770-JDW Document 250-91 Filed 10/25/23 Page 1 of 4 PagelD #: 29032
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`EXHIBIT 88
`EXHIBIT 88
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`Case 1:17-cv-00770-JDW Document 250-91 Filed 10/25/23 Page 2 of 4 PageID #: 29033
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`WIRTGEN AMERICA, INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff/Counterclaim-Defendant, )
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`Defendant/Counterclaim-Plaintiff. )
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`C.A. No. 1:17-cv-00770-JDW
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`v.
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`CATERPILLAR INC.,
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`REPLY EXPERT REPORT OF DR. CHRISTOPHER RAHN
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`1
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 250-91 Filed 10/25/23 Page 3 of 4 PageID #: 29034
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`which is in fact consistent with mine. See Smith Rebuttal Report, ¶¶ 81–82, 134–
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`136. As I explained above, Dr. Smith erroneously suggests that the asserted claims
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`require that the values displayed on the Caterpillar’s grade and slope user interface
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`(which constitutes a recited indication and setting device) are the exact same
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`values (e.g., in magnitude and units) that are used for controlling the machine.
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`49. Moreover, Dr. Smith suggests that Dr. Valerdi’s opinion was that the
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`value displayed on the user interface of the Accused Sensor Swapping Machines
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`was not used to control grade and slope. That is not the case. The value displayed
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`on the user interface is the currently measured actual value. The controller,
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`however, is only required to be conditioned on set values and sensed current actual
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`values of the operating parameters. Thus, the controller uses conditioned (e.g.,
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`filtered, amplified/scaled, or offset) versions of the currently measured actual
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`values. Thus, the currently measured actual values are conditioned to go from the
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`displayed value to what the controller uses. Indeed, Caterpillar’s own documents
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`confirm that the Caterpillar’s grade and slope system both (1) uses the currently
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`measured actual value to control the machine and (2) displays the currently
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`measured actual value on the user interface:
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`The system compares the measured position against a preset value. The
`system feeds the measured values back to the operator through the
`display. The system can also automatically drive the hydraulics to
`maintain the preset values.
`CAT-770_040200 (Grade & Slope Manual) at 0212 (emphasis added).
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`34
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 250-91 Filed 10/25/23 Page 4 of 4 PageID #: 29035
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`X.
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`Conclusion
`This report contains my complete opinions as of today based on discovery
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`provided by Defendant. I reserve the right to amend, modify, or supplement this
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`report in the even additional discovery is provided by Defendant, including any
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`expert opinions offered by Defendant.
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`Executed on July 7, 2023
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`Christopher Rahn, Ph.D.
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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