Case 1:17-cv-00770-JDW Document 307-10 Filed 02/02/24 Page 1 of 7 PageID #: 30567
`Case 1:17-cv-00770-JDW Document 307-10 Filed 02/02/24 Page 1 of 7 PagelD #: 30567
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`EXHIBIT 17
`EXHIBIT 17
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`Case 1:17-cv-00770-JDW Document 307-10 Filed 02/02/24 Page 1 of 7 PagelD #: 30567
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`EXHIBIT 17
`EXHIBIT 17
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`Case 1:17-cv-00770-JDW Document 307-10 Filed 02/02/24 Page 2 of 7 PageID #: 30568
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
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`Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`___________________________________
`IN RE MATTER OF: )
`WIRTGEN AMERICA, INC., )
`Plaintiff/Counterclaim-Defendant, ) C.A. No.:
` vs. ) 1:17-cv-00770-JDW-MPT
`CATERPILLAR, INC., )
`Defendant/Counterclaim-Plaintiff. )
`___________________________________)
`
` VIDEOTAPED DEPOSITION OF RICHARD W. KLOPP
` PALO ALTO, CALIFORNIA
` Thursday, August 17, 2023
`
`Stenographically Reported by:
`HEATHER J. BAUTISTA, CSR, CRR, RPR, CLR
`Realtime Systems Administrator
`California CSR License #11600
`Oregon CSR License #21-0005
`Washington License #21009491
`Nevada CCR License #980
`Texas CSR License #10725
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 307-10 Filed 02/02/24 Page 3 of 7 PageID #: 30569
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 8
` THE VIDEOGRAPHER: Will the court reporter
`please administer the oath.
` THE STENOGRAPHER: Good morning.
` My name is Heather Bautista, and I am a
`certified stenographer licensed by the State of
`California. My license number is 11600.
` This deposition and any transcript produced
`therefrom will be handled pursuant to Federal Rule
`of Civil Procedure Section 30.
` As the deposition officer, I will be
`retaining my duties and responsibilities under the
`Code.
` Please raise your right hand so I can swear
`you in.
` RICHARD W. KLOPP,
` having been first duly sworn, was examined and
` testified as follows:
` THE WITNESS: I do.
` THE STENOGRAPHER: Thank you.
` Please state your full name for the record.
` THE WITNESS: Richard William Klopp,
`K-l-o-p-p.
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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 307-10 Filed 02/02/24 Page 4 of 7 PageID #: 30570
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 185
`
`465 -- PM-465?
` MR. YOON: Objection. Asked and answered.
`He testified repeatedly under Wirtgen's construction
`and experts can offer alternative opinions. He's
`been very clear about that.
` MR. AINSWORTH: Coach, get off the field.
` MR. YOON: No, no coach. I -- you asked
`the question multiple times and we can go back to
`the transcript if you want to look at it. He said
`under Wirtgen's construction and that's under
`Wirtgen's way you're applying the claim and I let
`you ask a ton of questions. You don't get to
`mischaracterize the record and you don't get to shut
`me up by saying coach or something else.
` Now, he -- he can -- you can ask him
`whatever question you want and I've -- I've provided
`him, but you cannot mischaracterize the record.
` MR. AINSWORTH: I disagree I
`mischaracterized the record.
` Q. (By Mr. Ainsworth) Dr. Klopp, have you
`anywhere provided an explicit construction of any
`claim term in the '641 patent? If you -- you did,
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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 307-10 Filed 02/02/24 Page 5 of 7 PageID #: 30571
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 186
`point me exactly to where you said here's what the
`claim term means.
` A. Okay.
` So if you start -- I think if you start at,
`say, 187, 186, it goes into -- this is really
`getting into Step 11.5 instead of 11.4, I walk
`through the plain and ordinary meaning of the words.
`To me, plain and ordinary meaning is the
`construction. Okay.
` So I have applied the claim construction
`according to the plain and ordinary meaning of the
`words. If you walk through it, you end up with
`basically a thing that you can't -- you can't figure
`out and you can't apply.
` Q. I'm sorry. What specific term are you
`saying you're applying a construction to?
` A. Well, I'm -- I'm applying a construction to
`Claim Element 11.5 specifically at 186 through 191.
` Q. And -- and what words do you believe
`require construction?
` A. Well, the judge has already told us what
`requires construction. That's deviation means a
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 307-10 Filed 02/02/24 Page 6 of 7 PageID #: 30572
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
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`Page 189
`me see if I can find it. I'm pretty sure it -- it
`is parroted in the spec.
` It would be easiest if we had the PDF and
`we searched for the word "deviation," but I'm pretty
`sure I looked at this and the language is very
`similar.
` Q. And so it's -- it's your opinion that
`the -- because the claim uses the word "deviation"
`that that requires a mathematical calculation to
`perform Step 11.5; is that right?
` A. So the Court construed deviation as a
`change, difference, or departure. So we can say
`detecting that -- the difference falls below a
`pre-determined distance. So a difference, again, is
`a number falls. Below means less than. So you --
`it's asking for a number to be less than a distance
`and that's what the words say.
` Q. And in your invalidity opinions, you did
`not apply that similar plain and ordinary meaning
`that you're applying now; is that correct?
` A. So I applied -- I'd assumed and adopted
`what appeared to be Wirtgen's construction when
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 307-10 Filed 02/02/24 Page 7 of 7 PageID #: 30573
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`8/17/2023
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`Wirtgen America Inc. v. Caterpillar Inc.
`
`Richard W. Klopp
`
`Page 298
` I, HEATHER J. BAUTISTA, CSR No. 11600, Certified
`Shorthand Reporter, certify:
` That the foregoing proceedings were taken before
`me at the time and place therein set forth, at which
`time the witness declared under penalty of perjury; that
`the testimony of the witness and all objections made at
`the time of the examination were recorded
`stenographically by me and were thereafter transcribed
`under my direction and supervision;
` That the foregoing is a full, true, and correct
`transcript of my shorthand notes so taken and of the
`testimony so given;
` ( ) Reading and signing was requested/offered.
` (XX) Reading and signing was not requested/offered.
` ( ) Reading and signing was waived.
` I further certify that I am not financially
`interested in the action, and I am not a relative or
`employee of any attorney of the parties, nor of any of
`the parties.
` I declare under penalty of perjury under the laws
`of California that the foregoing is true and correct.
`
`
` Dated: August 25, 2023
`
` _______________________________________
` HEATHER J. BAUTISTA, CSR, CRR, RPR, CLR
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`202-232-0646
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