`Case 1:17-cv-00770-JDW Document 268-2 Filed 11/08/23 Page 1 of 5 PagelD #: 29426
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`EXHIBIT 9
`EXHIBIT 9
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`Case 1:17-cv-00770-JDW Document 268-2 Filed 11/08/23 Page 2 of 5 PageID #: 29427
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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
`
` 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
`
` 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
`
`
`
`Case 1:17-cv-00770-JDW Document 268-2 Filed 11/08/23 Page 3 of 5 PageID #: 29428
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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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` Q. And, Doctor, you had mentioned that you
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`had not read the expert reports of Dr. Lumkes,
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`Page 64
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`Dr. Meyer, and Dr. Rahn; correct?
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` A. That is correct.
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` Q. And were you aware that neither
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`Dr. Lumkes, nor Dr. Rahn, nor Dr. Meyer have
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`offered any opinions that any Wirtgen products
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`practice any of the claims of the patents in this
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`case?
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` A. I have not reviewed their reports and
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`I'm not aware of what their opinions specific to
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`what you're saying is or not.
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` Q. And you have had no conversations with
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`Dr. Lumkes, Dr. Meyer, or Dr. Rahn regarding
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`whether or not a Wirtgen product practices the
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`claims of the asserted patents; correct?
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` A. When we talked about the different
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`patents and they were explaining what the
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`technology is to me, there was some discussion
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`about how -- I don't want to say how it's
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`employed, but its role in the Wirtgen patents --
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`in the Wirtgen machines, and similarly we talked
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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 268-2 Filed 11/08/23 Page 4 of 5 PageID #: 29429
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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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`Case 1:17-cv-00770-JDW Document 268-2 Filed 11/08/23 Page 5 of 5 PageID #: 29430
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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 329
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`1
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` Pallavi Seth, Ph.D., c/o
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` STERNE KESSLER GOLDSTEIN & FOX, PLLC
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`2
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` 1101 K Street, NW
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` Washington, D.C. 20005
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` Case: Wirtgen America Inc. v. Caterpillar Inc.
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`4
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` Date of deposition: August 4, 2023
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` Deponent: Pallavi Seth, Ph.D.
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`
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` Please be advised that the transcript in the above
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` referenced matter is now complete and ready for signature.
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` The deponent may come to this office to sign the transcript,
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` a copy may be purchased for the witness to review and sign,
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` or the deponent and/or counsel may waive the option of
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` signing. Please advise us of the option selected.
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` Please forward the errata sheet and the original signed
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` signature page to counsel noticing the deposition, noting the
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` applicable time period allowed for such by the governing
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` Rules of Procedure. If you have any questions, please do
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` not hesitate to call our office at (202)-232-0646.
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`
`
`
`
` Sincerely,
`
` Digital Evidence Group
`
` Copyright 2023 Digital Evidence Group
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` Copying is forbidden, including electronically, absent
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` express written consent.
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`202-232-0646
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