Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 1 of 8 PageID #: 29418
`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 1 of 8 PagelD #: 29418
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`EXHIBIT 8
`EXHIBIT 8
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 1 of 8 PagelD #: 29418
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`EXHIBIT 8
`EXHIBIT 8
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 2 of 8 PageID #: 29419
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.
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`Plaintiff
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`CATERPILLAR, INC.
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`Defendant and Counter-Plaintiff
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`____________________________________/
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`C.A. No. 1:17-cv-00770-JDW-MPT
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`OPENING EXPERT REPORT OF DR. ADAM SORINI
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`2111403.000 - 1833
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 3 of 8 PageID #: 29420
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Figure 37.
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`Excerpt from page 110 ([WA-0025852]) of the W 210 Fi Instruction
`Manual, showing the primary rotor spray bank including a first
`plurality of spray nozzles arranged parallel to the drum axis.
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`201.
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`The sectional spray bar is listed as a standard part of the W 210 Fi product, and all
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`other Accused Wirtgen America Products. For example, the W 210 Fi Parts Catalog shows this
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`sectional spray bar, outlined in the figure below, which is not indicated as optional (unlike the 3D
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`laser leveling on page 54 of the W 210 Fi Spare Parts Catalog). 50
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`50 See also, the Spare Parts Catalogs for the W 220 Fi and W 250 Fi, WA-0015833 and WA-0017852, respectively.
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`2111403.000 - 1833
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`74
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 4 of 8 PageID #: 29421
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Figure 38.
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`Standard sectional spray bar for the W 210 Fi, outlined in red, as
`shown on page 684 (WA-0027236) of the Spare Parts Catalog.
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`202. Additionally, the W 210 Fi Brochure (and all other Accused Wirtgen America
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`Products, of which the W 210 Fi is representative) list the “Electrically switchable sectional water
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`spray bar” as a “US standard” feature: 51
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`Figure 39.
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`Excerpt from page 36 of the W 210 Fi Brochure.
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`203.
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`Therefore, the Wirtgen America W 210 Fi cold planer machine (and all other
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`Accused Wirtgen America Products, of which the W 210 Fi is representative) comprises a primary
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`rotor spray bank mounted to the frame and disposed in the housing, wherein the primary rotor
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`51 W 210 Fi Brochure at 36, CAT-770 023873; see also, the analogous sections of the W 220 Fi and W 250 Fi
`product brochures at CAT-770 077527 and CAT-770 077640, respectively.
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`2111403.000 - 1833
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`75
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 5 of 8 PageID #: 29422
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`215.
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`The water pump is also discussed in the W 210 Fi Spare Parts Catalog, as shown in
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`Figure 47 below.55
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`Figure 47.
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`Annotated version of page 672 [WA-0027224] of the Spare Parts
`Catalog showing the water pump, outlined in red.
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`216.
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`In order for the water to be sprayed, the pressurized water must be provided to the
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`main spray manifold, which is connected to the machine’s frame. More specifically, the water
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`pump supplies pressurized water to the water distribution system via a manifold of valves with a
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`pressure indicator, as shown in Figure 48, which constitutes “a main spray manifold,” as required
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`by claim element 1[c].
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`55 See also, the analogous sections of the W 220 Fi and W 250 Fi Spare Parts Catalogs at WA-0015825 and WA-
`0017844, respectively.
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`2111403.000 - 1833
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`83
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 6 of 8 PageID #: 29423
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`345. Claim 14 of the ’618 patent depends upon claim 8 and places additional limitations
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`upon type of pump and the motor that is used to operate it. As detailed above with respect to claim
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`8, which primarily references discussions above with respect to claim 1, the Wirtgen America W
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`210 Fi satisfies each and every limitation of claim 8 of ’618 patent. Furthermore, for at least the
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`reasons described below, the Wirtgen America W 210 Fi (and all other Accused Wirtgen America
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`Products) satisfies the limitations added to claim 8 by claim 14 of the ’618 patent.
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`346.
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`In particular, claim 14 requires that the claimed pump is a variable-speed pump that
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`is operated by a hydraulic motor. The water pump, discussed above with respect to claim element
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`1[c], draws and pressurizes water from the water tank’s reservoir, and provides it to the main spray
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`manifold, as shown in Figure 22 above. The pump is configured to pressurize water to a variable
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`pressure. For instance, the water pump in the W 210 Fi was discussed during the March 29, 2023
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`deposition testimony of Jan Schmidt. With respect to the water pump shown in the Instruction
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`Manual on WA-0025850 (shown above in Figure 17), Mr. Schmidt was asked “Is it a variable
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`water pump?” and replied, “I believe it is.” (Jan Schmidt 30(b)(6), Deposition Transcript, p.203).
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`When asked to explain how the pump operates, Mr. Schmidt further stated “I know it’s
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`hydraulically operated, and it pumps water” (Id., emphasis added).
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`347. The water pump is included in the W 210 Fi Spare Parts Catalog, identified by part
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`1, to which is connected what the catalog identifies as the “Hydraulic Motor,” as shown in Figure
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`29 below.
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`2111403.000 - 1833
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`130
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 7 of 8 PageID #: 29424
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Figure 66.
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`Annotated version of page 672 [WA-0027224] 83 of the Spare Parts
`Catalog showing the hydraulic motor, outlined in red.
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`348.
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`Thus, as explained above, the water pump on the W 210 Fi is a variable speed pump
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`that is operated by a hydraulic motor. The hydraulic motor is called HM10 (“hydraulic motor 10”).
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`This hydraulic motor is shown in the “W 210 Fi Hydraulic diagram” document (WA-0027352-
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`385) at PDF page 16 (WA-0027367) 84. An annotated excerpt of WA-0027367 showing the
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`hydraulic motor and other relevant components is provided in Figure 42 below.
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`83 See also, the analogous sections of the W 220 Fi and W 250 Fi Spare Parts Catalogs at WA-0015825 and WA-
`0017844 respectively.
`84 See also, the analogous sections of the W 220 Fi and W 250 Fi Hydraulic Diagrams at WA-0015940 and WA-
`0017964, respectively.
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`2111403.000 - 1833
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`131
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`Case 1:17-cv-00770-JDW Document 268-1 Filed 11/08/23 Page 8 of 8 PageID #: 29425
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`XIII. DECLARATION
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`I declare that all statements made of my own knowledge are true and that all statements made on
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`information and belief are believed to be true, and that these statements were made with the
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`knowledge that willful false statements and the like are punishable by fine or imprisonment, or
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`both, under section 1001 of Title 18 of the United States Code.
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`____________________
`May 19, 2023
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`___________________________________________
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`Adam SoriniAdam Sorini
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`2111403.000 - 1833
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`137
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