Case 1:17-cv-00770-JDW Document 260-1 Filed 11/02/23 Page 1 of 7 PageID #: 29250
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`Exhibit A
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`Exhibit A
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`Case 1:17-cv-00770-JDW Document 260-1 Filed 11/02/23 Page 2 of 7 PageID #: 29251
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`
`Page 1
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`---------------------------------x
`WIRTGEN AMERICA, INC., :
` Plaintiff/Counterclaim-Deft. :
` V. : C.A. No.
`CATERPILLAR, INC., : 17-770-JDW-MPT
` Defendant/Counterclaim-Plf. :
`---------------------------------x
`
` VIDEOTAPED DEPOSITION OF DR. JOHN LUMKES
` Friday, August 11, 2023
` 9:10 a.m. Eastern Daylight Time
`REPORTER: Sherry L. Brooks,
` Certified LiveNote Reporter
`
`______________________________________________________
` 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 260-1 Filed 11/02/23 Page 3 of 7 PageID #: 29252
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
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`Page 212
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`sensor and the lifting cylinder?
` A. I'm sorry. I don't understand your
`question. In addition to the -- I guess -- so in
`addition to whether -- you had mentioned that is
`there any other ways.
` Q. Well, how many points of connection are
`there between the sensor depicted in -- under
`paragraph 200 and its associated lifting column?
` A. Well, there's two points, one with a
`movable part and one with the fixed part of the part
`on the frame.
` Q. Okay. Well, what's the removable --
`strike that.
` What's the connection with the removable
`part?
` A. Removable or movable?
` Q. I thought you said -- I thought you said
`there was two points of connection, one with a --
`sorry.
` There's two points of connection, one with
`a movable part?
` A. Right.
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`www.DigitalEvidenceGroup.comDigital 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 260-1 Filed 11/02/23 Page 4 of 7 PageID #: 29253
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`8/11/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 213
` Q. What's the connection with the movable
`part?
` A. So the magnet portion of the
`magnetorestrictive sensor would be connected to the
`cylinder, the removable -- I'm sorry -- the cylinder
`rod movable part.
` Q. And is that connection depicted here under
`paragraph 200?
` A. The rod is shown with the cutaway where
`the magnet is shown in there.
` Q. But we can't see the connection between
`the rod and the magnet, can we?
` A. It shows it as part of the cylinder rod.
` Q. It doesn't show a connection between the
`magnet and cylinder rod?
` A. The cylinder rod is shown in the middle as
`-- in the middle of the cylinder with the -- the
`magnet is part of the rod that's shown.
` Q. But the magnet is not directly attached to
`the cylinder, is it?
` MR. CONKLIN: Objection. Form.
` A. The cylinder or cylinder rod. Cylinder
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
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`202-232-0646
`
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`Case 1:17-cv-00770-JDW Document 260-1 Filed 11/02/23 Page 5 of 7 PageID #: 29254
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
`
`Page 214
`would be more general. So cylinder rod is part of
`the cylinder, so it would be attached to the cylinder
`rod.
` BY MR. SMITH:
` Q. Okay. So if you consider the cylinder rod
`to be --
` (Whereupon, Madam Reporter asked for
`clarification from Counsel.)
` BY MR. SMITH:
` Q. If you consider the cylinder rod to be
`part of the cylinder, then you'd say that the magnet
`is attached to the cylinder?
` A. I guess I'd have to -- are you talking
`about just the -- the cylinder has a complete -- the
`whole (sic) -- the hydraulic cylinder has a complete
`whole (sic) or the hydraulic cylinder has the outer
`tube?
` Q. Well, let's just say the outer tube is --
`is the magnet actually attached to the cylinder as
`defined as the outer tube?
` A. The fixed portion of the outer tube, no.
`They're both connected to parts of the lifting
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 260-1 Filed 11/02/23 Page 6 of 7 PageID #: 29255
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`8/11/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Dr. John Lumkes
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`Page 274
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` CERTIFICATE OF NOTARY PUBLIC
` I, SHERRY L. BROOKS, the officer before
`whom the foregoing deposition was taken, do hereby
`certify that the witness whose testimony appears in
`the foregoing deposition was duly sworn by me; that
`the testimony of said witness was taken by me in
`stenotype and thereafter reduced to typewriting under
`my direction; that said deposition is a true record
`of the testimony given by said witness; that I am
`neither counsel for, related to, nor employed by and
`of the parties to the action in which this deposition
`was taken; and, further, that I am not a relative or
`employee of any counsel or attorney employed by the
`parties hereto, nor financially or otherwise
`interested in the outcome of this action.
`
` SHERRY L. BROOKS
` Notary Public in and for
` District of Columbia
`
`My commission expires: November 30, 2025
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 260-1 Filed 11/02/23 Page 7 of 7 PageID #: 29256
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`CERTIFICATE OF SERVICE
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`I, Adam W. Poff, Esquire, hereby certify that on November 2, 2023, I caused the
`
`foregoing document to be served by email upon the following counsel:
`
`Bindu A. Palapura
`Andrew L. Brown
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`James C. Yoon
`Ryan R. Smith
`Christopher Mays
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`cmays@wsgr.com
`
`
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`
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`
`caterpillar@wsgr.com
`
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`
`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
`
`Attorneys for Plaintiff
`
`
`
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