`
`Exhibit 1
`
`
`
`Case 1:17-cv-00770-JDW Document 253-1 Filed 10/30/23 Page 2 of 4 PageID #: 29076
`
`8/24/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Durham Giles, Ph.D.
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`
`Page 1
`
`---------------------------------x
`WIRTGEN AMERICA, INC., :
` Plaintiff/Counterclaim-Deft. :
` V. : C.A. No.
`CATERPILLAR, INC., : 17-770-JDW-MPT
` Defendant/Counterclaim-Plf. :
`---------------------------------x
`
` VIDEO DEPOSITION OF
` DURHAM GILES, PH.D.
` Thursday, August 24, 2023
` 9:26 a.m. CT
`
`Reported by: Elisabeth A. Lorenz: 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 253-1 Filed 10/30/23 Page 3 of 4 PageID #: 29077
`
`8/24/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Durham Giles, Ph.D.
`
`Page 125
`
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`rendering that I saw.
`Q Did you rely on the diagrams in -- on
`page 104 of your rebuttal report to inform your
`definition of the frame as to whether the accused
`products have the claimed frame?
`A Partially.
`Q In what way did you rely on these diagrams
`to do so?
`A In seeing that this was a single structure
`that was depicted in the CAD, it essentially is a
`collection of weldments that are further welded
`together.
`Q From these diagrams, how were you able to
`determine what parts of the -- of what's being
`depicted were welded together?
`A From the diagrams themselves, it generally
`implies a weldment or a structure that, in
`combination with the preceding photographs,
`confirmed each other.
` So they collectively pull together and
`demonstrate that this is a weldment, a single
`weldment.
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 253-1 Filed 10/30/23 Page 4 of 4 PageID #: 29078
`
`8/24/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Durham Giles, Ph.D.
`
` CERTIFICATE OF SHORTHAND REPORTER
`
`Page 264
`
` I, ELISABETH A. LORENZ, Registered
`Merit Reporter and Certified Realtime 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 this 28th day of August, 2023.
`
` ____________________________________
` ELISABETH A. LORENZ
` NCRA Registered Merit Reporter
` NCRA Certified Realtime Reporter
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
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