`Case 1:17-cv-00770-JDW Document 307-1 Filed 02/02/24 Page 1 of 5 PagelD #: 30472
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`EXHIBIT 8
`EXHIBIT 8
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`Case 1:17-cv-00770-JDW Document 307-1 Filed 02/02/24 Page 2 of 5 PageID #: 30473
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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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`)
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`WIRTGEN AMERICA, INC.,
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`Plaintiff,
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`v. )
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`CATERPILLAR INC.,
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`Defendant.
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`)
`________________________________
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`C.A. No. 17-770-JDW
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`REBUTTAL EXPERT REPORT OF JOSEPH RAKOW, Ph.D., P.E., F.A.S.M.E.
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 307-1 Filed 02/02/24 Page 3 of 5 PageID #: 30474
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`using a tilt table.135 Testimony supports this understanding of the document from which
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`Dr. Lumkes extracted Figure 20.136
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`Figure 21. Additional context provided in the remainder of the document referenced
`by Dr. Lumkes regarding the alleged diamond-shaped stability pattern.
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`75.
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`Dr. Lumkes’ analysis lacks valid references and calculations regarding the nature, shape,
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`and placement of the stability pattern of the Accused Products. Accordingly, Dr. Lumkes
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`has not shown that the Large Milling Machines practice each and every element of Claim
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`29 for at least the reasons described above.
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`135 CAT_00055857, p. 8/13.
`136 Deposition of Jeffrey Hoyle, taken March 16, 2023, p. 167:15-19.
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 307-1 Filed 02/02/24 Page 4 of 5 PageID #: 30475
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`VI. Non-Infringing Alternatives
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`76.
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`I understand that that the International Trade Commission found that Caterpillar infringed
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`Claims 29 and 36 of the ’309 Patent137,138 and issued a Limited Exclusion Order139
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`preventing Caterpillar from importing PM600 and PM800 series machines that possessed
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`the Ride Control feature. I understand that the International Trade Commission found that
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`Caterpillar did not infringe Claim 10 of the ’309 Patent.140
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`77.
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`I understand that Caterpillar considered two alternatives to comply with the exclusion
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`order. The first alternative involved adding accumulators to the hydraulic circuit.141 The
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`second alternative involved removal of the hydraulic circuit components that enact the Ride
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`Control feature.142
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`78.
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`I understand that Caterpillar chose the second alternative and removed the Ride Control
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`feature. I understand that the Ride Control feature was removed during production of the
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`02A build of the PM600 and PM800 series machines.143,144 I understand that Wirtgen
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`America is not asserting that the PM600 and PM800 series machines without Ride Control
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`infringe Claims 10 and 29 of the Asserted Patent. I inspected Caterpillar PM600 and
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`PM800 series build 02B machines produced without Ride Control,
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`including
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`Representative Product PM622 02B. See Section IV.A.2.
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`137 Eric Engelmann Exhibit 36, p. 79/446.
`138 Eric Engelmann Exhibit 36, p. 84/446.
`139 EXPONENT_0005572.
`140 Eric Engelmann Exhibit 36, p. 72/446.
`141 Deposition of Eric Engelmann Vol. II, taken March 17, 2023, p. 364:2-7.
`142 Deposition of Eric Engelmann Vol. II, taken March 17, 2023, p. 367:12-16.
`143 Deposition of Eric Engelmann Vol. I, taken March 16, 2023, p. 31:5-12.
`144 Jeffrey Hoyle Exhibit 1.
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`Case 1:17-cv-00770-JDW Document 307-1 Filed 02/02/24 Page 5 of 5 PageID #: 30476
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`VIII. Conclusion
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`90.
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`For at least the reasons stated above, it is my opinion that that the Accused Products do not
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`infringe on the Asserted Claims based on the evidence provided by Dr. Lumkes in his
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`Initial Expert Report.
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`I declare under the penalty of perjury that the foregoing is true and correct.
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`Executed on June 16, 2023 at Menlo Park, California
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`Joseph Rakow, Ph.D., P.E., F.A.S.M.E.
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`2111403.000 - 1791
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`
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