`Case 1:17-cv-00770-JDW Document 259-2 Filed 11/02/23 Page 1 of 5 PagelD #: 29180
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`EXHIBIT 28
`EXHIBIT 28
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`Case 1:17-cv-00770-JDW Document 259-2 Filed 11/02/23 Page 2 of 5 PageID #: 29181
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`8/4/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
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`Pallavi Seth, Ph.D.
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`Page 1
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` IN THE UNITED STATES DISTRICT COURT
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` FOR THE DISTRICT OF DELAWARE
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`----------------------------------X
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`WIRTGEN AMERICA, INC., :
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` Plaintiff/Counterclaim-Defendant,:
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` : Case No.:
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` v. :
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` : 1:17-cv-00770-JDW
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`CATERPILLAR INC., :
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` Defendant/Counter-Plaintiff. :
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`----------------------------------X
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` Deposition of PALLAVI SETH, PH.D.
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` Washington, D.C.
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` Friday, August 4, 2023
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` 9:02 a.m.
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`Reported by: Matthew Goldstein, RMR, CRR
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`______________________________________________________
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` DIGITAL EVIDENCE GROUP
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` 1730 M Street, NW, Suite 812
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` Washington, D.C. 20036
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` (202) 232-0646
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
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`202-232-0646
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`
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`Case 1:17-cv-00770-JDW Document 259-2 Filed 11/02/23 Page 3 of 5 PageID #: 29182
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`8/4/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
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`Pallavi Seth, Ph.D.
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`Page 12
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` P R O C E E D I N G S
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`Whereupon,
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` PALLAVI SETH, PH.D.,
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`being first duly sworn or affirmed to testify to the
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`truth, the whole truth, and nothing but the truth,
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`was examined and testified as follows:
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` EXAMINATION BY COUNSEL FOR THE DEFENDANT
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`BY MR. YOON:
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` Q. Good morning, Dr. Seth.
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` A. Good morning.
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` Q. Yes.
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` And you understand that you are under
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`oath today; correct?
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` A. Yes.
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` Q. And you understand that my questions to
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`you and your answers to my questions will be taken
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`down by the court reporter and videographer?
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` A. Correct.
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` Q. And you understand that my questions and
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`your answers to my questions may be shown or
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`played to the judge or jury in this case?
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` A. Correct.
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 259-2 Filed 11/02/23 Page 4 of 5 PageID #: 29183
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`8/4/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
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`Pallavi Seth, Ph.D.
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`Page 265
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`estimate, what period it's for, what products it's
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`for. So it's really hard to say what Caterpillar
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`will do based on that information.
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` Q. Now, at the time of the hypothetical
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`negotiation, the patents in this case were owned
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`by Wirtgen GmbH; correct?
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` A. That is correct.
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` Q. Have you talked to anyone who was
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`employed at Wirtgen GmbH in the April 2016 time
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`frame?
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` A. Could you repeat that question?
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` Q. Have you talked to anyone employed by
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`Wirtgen GmbH in the April 2016 time frame?
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` A. I have not. I have spoken to Mr. McEvoy
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`from Wirtgen America about different aspects of
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`Wirtgen GmbH and Wirtgen America.
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` Q. But Mr. McEvoy has never been an
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`employee of Wirtgen GmbH; correct?
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` A. That's correct. Wirtgen America is a
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`subsidiary of GmbH. So it's hard to say, but yes.
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` Q. Have you seen any business projections
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`that Wirtgen GmbH had in the 2016 time frame?
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 259-2 Filed 11/02/23 Page 5 of 5 PageID #: 29184
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`8/4/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
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`Pallavi Seth, Ph.D.
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`DISTRICT OF COLUMBIA )
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`Page 328
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` I, Matthew Goldstein, RPR, Notary Public
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`within and for the District of Columbia, do hereby
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`certify:
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` That I reported the proceedings in the
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`within entitled matter, and that the within
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`transcript is a true record of said proceedings.
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` I further certify that I am not related to
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`any of the parties to the action by blood or
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`marriage, and that I am in no way interested in the
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`outcome of this matter.
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` IN WITNESS WHEREOF, I have hereunto set my
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`hand this 14th day of August, 2023.
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` ____________________________
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` Matthew Goldstein, RMR, CRR
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
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`202-232-0646
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