Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 1 of 8 PageID #: 29478
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`Exhibit B
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`Exhibit B
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`Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 2 of 8 PageID #: 29479
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`240
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`__________________________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/Counterclaim-Defendant, )
`v. ) Case Number C.A.
`CATERPILLAR INC., ) No. 17-770-JDW
` Defendant/Counterclaim-Plaintiff. )
`__________________________________________)
`
`HIGHLY CONFIDENTIAL, OUTSIDE ATTORNEYS' EYES ONLY
` UNDER THE PROTECTIVE ORDER
`
` Video Deposition of
` ERIC ENGELMANN, Volume II of II
` in his personal capacity
` and as a representative of CATERPILLAR, INC.
` Friday, March 17, 2023
` 9:09 a.m.
`
`Court Stenographer:
`Patrick Mahon, RMR, CRR
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 3 of 8 PageID #: 29480
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`278
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` Q. Yeah. And I'm asking about
`specifically the June 2017 time frame.
` And when we say the summer of 2017, I
`realize decisions don't happen in a day.
` A. Right.
` Q. So in the summer of 2017, was a
`business decision made by Caterpillar to not
`remove the features identified by Dr. Hähn in his
`June 2017 email?
` A. Caterpillar --
` MR. CARLSON: Same objections and caution.
` A. Caterpillar did not remove these
`features in June of '17.
`BY MR. AINSWORTH:
` Q. And that was a decision by
`Caterpillar; correct?
` A. That's a fair statement.
` Q. Okay. You had indicated that you
`were familiar with the '641 patent, which -- did
`you, Mr. Engelmann, at some point in 2017 form an
`opinion that Caterpillar's PM600, PM800, or PM300
`did not infringe the '641 patent?
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 4 of 8 PageID #: 29481
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`279
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` MR. CARLSON: Objection. Form. And
`objection. Privileged. And I'll caution the
`witness not to reveal the substance of any
`privileged communications.
` A. Can you repeat the question, please?
`BY MR. AINSWORTH:
` Q. Sure.
` At some point in 2017, did you personally
`form an opinion that Caterpillar's PM600, PM800,
`or PM300 did not infringe the '641 patent?
` MR. CARLSON: Same objections and same
`caution on privilege.
` A. I personally don't form those
`opinions. I rely on our legal team at Caterpillar
`in the intellectual property department to help
`with those determinations.
`BY MR. AINSWORTH:
` Q. Okay. Okay, I understand you're
`testifying. I just want to be sure that we're
`clear.
` Is it your testimony that you personally
`have never formed an opinion with respect to
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 5 of 8 PageID #: 29482
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`280
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`infringement or noninfringement of the '641
`patent?
` MR. CARLSON: Objection. Form.
`Mischaracterizes his testimony.
` A. I rely on our legal team to determine
`and make those decisions.
`BY MR. AINSWORTH:
` Q. That's not quite my question,
`Mr. Engelmann. I'm trying to know whether you
`personally formed an opinion.
` So at some point, did you personally form
`an opinion as to whether Caterpillar infringed or
`didn't infringe the '641 patent, independent of
`what your counsel's advice was?
` MR. CARLSON: Objection. Form. Asked and
`answered.
` A. Again, the determination of -- or
`interpretation of patents, I rely on our legal
`team for that. With respect to reading them,
`reviewing them, and understanding how I think our
`machines relate to them, I do have opinions about
`that.
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 6 of 8 PageID #: 29483
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`281
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`BY MR. AINSWORTH:
` Q. Okay. With respect to the '641
`patent, independent of advice from counsel, what
`opinions did you have as to how Caterpillar's
`machines related to the '641 patent?
` MR. CARLSON: Objection. Form and
`privileged. Instruct the witness not to answer.
` A. Can you repeat the question?
`BY MR. AINSWORTH:
` Q. With respect to the '641 patent and
`independent of advice from counsel, what opinions
`did you have as to how Caterpillar's machines
`related to the '641 patent?
` MR. CARLSON: And same objection. I'll
`caution the witness not to reveal the substance of
`any privileged communications.
` A. In my personal capacity, my belief
`was that our machine did not infringe the claims
`of that patent.
`BY MR. AINSWORTH:
` Q. Okay. And why was that?
` MR. CARLSON: Objection. Privileged.
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 7 of 8 PageID #: 29484
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`282
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`I'll caution the witness not to reveal the
`substance of any privileged communications.
` A. Again, in my personal capacity, there
`was -- there were, from what I recall on the
`patent, aspects that required the machine to
`monitor the distance to the ground, or a deviation
`from the ground, I believe, is the term, which I
`don't believe that our machine does.
`BY MR. AINSWORTH:
` Q. Okay. Approximately when did you
`form that personal opinion with respect to the
`'641 patent?
` A. I don't recall precisely.
` Q. At some point did your personal
`opinion change?
` A. No.
` Q. With respect to the '309 patent, at
`some point did you form a personal opinion with
`respect to whether the ride control feature
`related to the claims of the '309 patent?
` A. I likely had my personal feelings
`about our machine in relation to that patent.
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 271-2 Filed 12/26/23 Page 8 of 8 PageID #: 29485
`
`Eric Engelmann Vol ll
`Wirtgen America Inc. v. Caterpillar Inc.
`3/17/2023
`Highly Confidential - Outside Attorneys' Eyes Only - Under the Protective Order
`
`434
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`STATE OF MINNESOTA)
` : ss CERTIFICATE
`COUNTY OF HENNEPIN)
`
` I, Patrick J. Mahon, Registered Merit
`Reporter, a Notary Public in and for the County of
`Hennepin, State of Minnesota, hereby certify that
`I reported the deposition, and that the witness
`was by me first duly sworn to tell the whole
`truth;
` That the testimony was transcribed under
`my direction and is a true record of the testimony
`of the witness;
` That the cost of the original has been
`charged to the party who noticed the deposition,
`and that all parties who ordered copies have been
`charged at the same rate for such copies;
` That I am not a relative or employee or
`attorney or counsel of any of the parties or a
`relative or employee of such attorney or counsel;
` That I am not financially interested in
`the action and have no contract with the parties,
`attorneys, or persons with an interest in the
`action that affects or has a substantial tendency
`to affect my impartiality;
` That the right to read and sign the
`deposition by the witness was reserved;
`
` WITNESS MY HAND AND SEAL this 26th day of
`March 2023.
`
` ________________________________
` Patrick J. Mahon
` Registered Merit Reporter
` Certified Realtime Reporter
`
`www.DigitalEvidenceGroup.com Digital Evidence Gorup C'rt 2023
`
`202-232-0646
`
`
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