Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 1 of 9 PageID #: 30012
`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 1 of 9 PagelD #: 30012
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`EXHIBIT 3A
`EXHIBIT 3A
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 2 of 9 PageID #: 30013
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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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`CATERPILLAR INC.,
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`Plaintiff/Counterclaim-Defendant,
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`v.
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`Defendant/Counterclaim-Plaintiff.
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`Civil Action No. 1:17-cv-00770-JDW
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`JURY TRIAL DEMANDED
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`EXHIBIT 3A: WIRTGEN AMERICA’S WITNESS LIST
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`Plaintiff Wirtgen America, Inc. submits this list of witnesses that it will or may call to
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`testify live or by designation of prior testimony at trial.
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`Wirtgen America reserves the right to supplement or amend this list to the extent
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`necessary to reflect any future rulings by the Court or to fairly respond to any new issue that
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`Defendant Caterpillar Inc. may raise. Wirtgen America also reserves the right to call additional
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`witnesses live or by designation (or to offer additional designations from witnesses identified
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`herein) in rebuttal to issues raised in Caterpillar’s case-in-chief or rebuttal presentations. Wirtgen
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`America further reserves the right to call additional witnesses live or by designation to respond
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`to issues raised after the preparation and submission of this list, including any changes by
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`Caterpillar to its arguments, witness lists, or other positions.
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`Wirtgen America further reserves the right to call any witness live or by designation for
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`purposes of impeachment. Wirtgen America further reserves the right to call additional witnesses
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`live or by designation (or to offer additional designations from witnesses identified herein) to the
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`extent necessary to provide foundational testimony if Caterpillar contests the authenticity or
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`admissibility of any materials to be offered as evidence at trial.
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 3 of 9 PageID #: 30014
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`If any witness Wirtgen America intends to call to testify live is or becomes unavailable,
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`Wirtgen America reserves the right to offer prior testimony and to amend its designations of
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`prior testimony accordingly for such witness, irrespective of whether the witness is designated as
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`may call by prior testimony. Wirtgen America further reserves the right to substitute witnesses
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`for the listed witnesses should any listed witness become unavailable for trial. If any of
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`Caterpillar’s expert witnesses are not called live at trial, Wirtgen America reserves the right to
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`offer prior testimony of such witness. Wirtgen America further reserves the right to call any
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`witness listed by Caterpillar on its witness list or who otherwise appears for Caterpillar at trial,
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`without waiving any right to (i) object to Caterpillar’s presentation of such witnesses at trial,
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`(ii) object to the admissibility of such testimony, and (iii) move to exclude any such testimony.
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`Wirtgen America further reserves the right to use any designations of prior testimony identified
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`by Caterpillar as either affirmative designations or as counter-designations.
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`WITNESS
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`1.
`James McEvoy
`2.
`Jan Schmidt
`3.
`Jeffrey Wiley
`4. Dr. Günter Hahn
`5. Dr. John H. Lumkes
`6. Dr. John Meyer
`7. Dr. Christopher Rahn
`8. Dr. Pallavi Seth
`9. Dr. Ricardo Valerdi
`10. Paul Clark
`11. James Domanus
`12. Eric Engelmann
`13. Nathan Just
`14. Daniel Killion
`15. Timothy Lewis
`16. Timothy Lindholm
`17. Nathan Mashek
`18. Jason Muir
`19. Michael Netka
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`WILL CALL
`LIVE
`X
`X
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`X
`X
`X
`X
`X
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`MAY CALL BY
`DEPOSITION
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`X
`X
`X
`X
`X
`X
`X
`X
`X
`X
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`MAY CALL
`BY HEARING
`TESTIMONY
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`
`X
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`X
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`MAY CALL
`LIVE
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`X
`X
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`X
`X
`X
`X
`X
`X
`X
`X
`X
`X
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`2
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 4 of 9 PageID #: 30015
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`WITNESS
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`20. Timothy O’Donnell
`21. Conwell Rife
`22. Dario Sansone
`23. Benjamin Schafer
`24. Craig Steffen
`25. Mark Tarvin
`26. Jason Wilson
`27. Dr. Andrew Alleyne
`28. Dr. Richard Klopp
`29. Dr. Joseph Rakow
`30. Dr. Andrew Smith
`31. Dr. Adam Sorini
`32. Dr. Brett Reed
`33. Any witness included
`on Caterpillar’s
`Witness List
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`WILL CALL
`LIVE
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`
`MAY CALL
`LIVE
`X
`X
`X
`X
`X
`X
`X
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`X
`X
`X
`X
`X
`X
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`MAY CALL BY
`DEPOSITION
`X
`X
`X
`X
`X
`X
`X
`
`X
`X
`X
`X
`X
`X
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`MAY CALL
`BY HEARING
`TESTIMONY
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`X
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`X
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`X
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`Wirtgen America identifies the following subject matter expertise for each expert witness
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`it intends to call at trial:
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`Dr. John H. Lumkes: Dr. Lumkes is a Professor of Agricultural and Biological
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`Engineering at Purdue University. Dr. Lumkes is also the Assistant Dean in the College of
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`Agriculture’s Office of Academic Programs. Dr. Lumkes teaches courses and mentors students
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`in the areas of design, vehicle engineering, off-highway equipment, electronic systems and
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`mechatronics, sensors, and control systems. Dr. Lumkes has published journal articles and
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`presented papers at professional conferences in the areas of vehicle design, off-highway
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`equipment, agricultural mechanization, international development, mechatronics, and control
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`systems.
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`In 1997, Dr. Lumkes received a Ph.D. in mechanical engineering from University of
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`Wisconsin. Dr. Lumkes received his Master of Science in engineering, concentration in
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`mechanical engineering, from the University of Michigan in 1992. He received a Bachelor of
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 5 of 9 PageID #: 30016
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`Science in engineering, with a concentration in mechanical engineering, from Calvin College in
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`1990.
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`Dr. Lumkes has industrial experience at Kelsey-Hayes and SUSPA Inc. and previously
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`worked in road construction, where he fulfilled a variety of jobs and interacted with many
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`machines used in constructing asphalt roads, including rock crushers in gravel pits, roadbed
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`preparation and/or milling, and paving.
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`Dr. Lumkes will offer opinions on whether Caterpillar infringes the ’309, ’530, and ’972
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`patents and on the validity of the ’972 patent. Dr. Lumkes will also offer opinions on whether
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`Wirtgen America practices its patents as well as the state of the art and the contribution and
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`benefits provided by the ’309, ’530, and ’972 patents. Dr. Lumkes may also offer a critique of
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`the analysis or testimony provided by other experts or fact witnesses related to the infringement
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`of the ’309, ’530, and ’972 patents and the validity of the ’972 patent.
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`Dr. John Meyer: Dr. Meyer is the principal and co-founder of Edison Engineering in
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`Saint Charles, Illinois. He is responsible for engineering, investigations, and analyses. Dr. Meyer
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`specializes in computer-aided modeling and simulation, testing, and analysis of machine design,
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`usage, and safety, among other things. Dr. Meyer has extensive experience involving industrial
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`equipment and machinery, automobiles and other vehicles, as well as consumer products.
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`Dr. Meyer obtained a Bachelor of Science in physics, summa cum laude, from Bethel
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`College in 1987. Subsequently, he earned a Master of Science and a Ph.D. in mechanical
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`engineering from the Massachusetts Institute of Technology in 1990 and 1994, respectively.
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`Prior to founding Edison Engineering in 2014, Dr. Meyer worked at various engineering
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`firms, including at ITC Experts as vice president, Professional Analysis and Consulting, Inc. as a
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`consultant, Packer Engineering as vice president, ProAnalysis as a consulting engineer, and
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 6 of 9 PageID #: 30017
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`Exponent Failure Analysis Associates as managing engineer. In all of those positions, Dr. Meyer
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`consulted on engineering matters where he was responsible for computer-aided modeling and
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`simulation, testing, and analysis of machine design. Dr. Meyer is currently a licensed
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`Professional Engineer in the state of Illinois.
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`Dr. Meyer will offer opinions regarding the infringement and validity of the ’641 patent.
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`Dr. Meyer will also offer opinions on whether Wirtgen America practices its patents as well as
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`the state of the art and the contribution and benefits provided by the ’641 patent. Dr. Meyer may
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`also offer a critique of the analysis or testimony provided by other experts or fact witnesses
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`related to the infringement and validity of the ’641 patent.
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`Dr. Christopher Rahn: Dr. Rahn is the J. ‘Lee’ Everett Professor of Mechanical
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`Engineering and Director of the Mechatronics Research Laboratory at the Pennsylvania State
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`University. Dr. Rahn’s research focuses in electromechanical systems, including the design,
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`fabrication, and experimental testing of electromechanical devices. Dr. Rahn has published over
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`250 technical conference and journal papers and has been honored with awards from the Office
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`of Naval Research, Clemson University, Penn State, and the American Society of Mechanical
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`Engineers.
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`Dr. Rahn received a Bachelor of Science degree in Mechanical Engineering from the
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`University of Michigan in 1985, a Master’s of Mechanical Engineering from the University
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`California, Berkeley in 1986, and a Ph.D. in Mechanical Engineering from the University of
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`California, Berkeley in 1992.
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`Dr. Rahn has modeled, analyzed, designed, controlled, and experimentally tested
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`electromechanical systems including hydraulics, sensors, and feedback control systems. For
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`example, Dr. Rahn conducted research funded by the Department of Defense and industry on the
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 7 of 9 PageID #: 30018
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`hydraulics of fluid-filled tubes, including pressurization, pressure and flow control, vibration
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`damping, and valve manifolds. Dr. Rahn was invited to present this work at the American
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`Society for Mechanical Engineers International Design Engineering Technical Conferences in
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`2018. Many of Dr. Rahn’s research publications involve electromechanical design, modeling,
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`and control of dynamic systems.
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`Dr. Rahn will offer opinions regarding the infringement and validity of the ’268, ’788,
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`and ’474 patents. Dr. Rahn may also offer a critique of the analysis or testimony provided by
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`other experts or fact witnesses related to the infringement and validity of the ’268, ’788, and ’474
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`patents.
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`Dr. Pallavi Seth: Dr. Seth is a Principal at The Brattle Group, Inc. and Co-Chair of
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`Brattle’s Intellectual Property practice. Brattle is an international consulting firm specializing in
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`business consulting and litigation support.
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`Dr. Seth received a Ph.D. in Economics from Boston College. Dr. Seth also holds an A.B.
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`in Economics and Mathematics, magna cum laude, from Mount Holyoke College.
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`Much of Dr. Seth’s practice involves analyzing various economic issues related to
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`intellectual property. She has consulted on behalf of clients on IP matters before United States
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`District Courts, including on the topics of patent damages and economic injury from
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`misappropriation of trade secrets. Dr. Seth has also consulted on behalf of clients on Section 337
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`matters before the U.S. International Trade Commission. Dr. Seth also specializes in applying
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`the tools of economic analysis to policy questions and has performed numerous policy analyses
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`across various industries.
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`Dr. Seth will offer testimony regarding the damages resulting from Caterpillar’s
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`infringement of Wirtgen America’s Asserted Patents. Dr. Seth may also offer a critique of the
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 8 of 9 PageID #: 30019
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`analysis or testimony provided by other experts or fact witnesses related to damages resulting
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`from Caterpillar’s infringement of Wirtgen America’s Asserted Patents.
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`Dr. Ricardo Valerdi: Dr. Valerdi is a full professor, with tenure, at the University of
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`Arizona in the Department of Systems & Industrial Engineering. Previously, Dr. Valerdi was on
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`the faculty at the Massachusetts Institute of Technology in Cambridge, MA and was a visiting
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`professor at the United States Military Academy in West Point, NY.
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`Dr. Valerdi has a Bachelor of Science and Arts in Electrical Engineering from the
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`University of San Diego, a Master of Science in Systems Architecture & Engineering from the
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`University of Southern California, and a Ph.D. in Industrial & Systems Engineering from the
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`University of Southern California.
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`Dr. Valerdi has over 20 years of experience in the development and operation of
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`industrial systems in the aerospace, military, and sports industries. Dr. Valerdi has expertise in
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`numerous technologies, including industrial automation systems, manufacturing production
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`lines, sensors for computer vision, and software control systems containing Human Machine
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`Interfaces. He has over 100 publications in journals, magazines, and conferences relating to a
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`broad range of technologies including industrial engineering, computer networking, and software
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`development. In his work as a technical expert and consultant, Dr. Valerdi has examined,
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`analyzed, and inspected numerous data storage systems, computer systems, and software
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`products comprising tens of millions of lines of source code.
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`Dr. Valerdi will provide certain opinions related to Caterpillar’s source code produced in
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`this case. In particular, Dr. Valerdi will offer opinions related to how Caterpillar’s so-called “hot
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`swap” and “creep to inclination”/“creep to scratch” features operate. Dr. Valerdi may also offer a
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`Case 1:17-cv-00770-JDW Document 299-5 Filed 01/29/24 Page 9 of 9 PageID #: 30020
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`critique of analysis or testimony provided by other experts or fact witnesses related to
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`Caterpillar’s source code produced in this case.
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