`Case 1:17-cv-00770-JDW Document 369-37 Filed 04/12/24 Page 1 of 4 PagelD #: 34343
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`EXHIBIT 37
`EXHIBIT 37
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`Case 1:17-cv-00770-JDW Document 369-37 Filed 04/12/24 Page 2 of 4 PageID #: 34344
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`WIRTGEN AMERICA, INC.,
`Plaintiff,
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`v.
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`CATERPILLAR, INC.,
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Case No. 1:17-CV-00770-JDW-MPT
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`Defendants.
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`OPENING EXPERT REPORT OF DR. RICARDO VALERDI
`REGARDING SOURCE CODE
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 369-37 Filed 04/12/24 Page 3 of 4 PageID #: 34345
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`the deadband), then the Accused Products will check periodically for 3 seconds if the sensor
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`becomes on-grade. If, during the next three seconds, it becomes on-grade, the hot swap process
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`continues with a call to “DoSensorSwap.” If, however, the three seconds expire without the current
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`sensor becoming on-grade, the hot swap request is cancelled with a call to “pRequest.reset()”. 10
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`This is consistent with the box labeled “Wait (x seconds) Within error” in the flow diagram,
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`CAT_00054722.
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`32.
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`After it is determined that a sensor swap can occur, the “DoSensorSwap” function
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`is called. This is consistent with the “Swap Sensor” box in the flow chart. CAT_00054722. In
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`general, the “DoSensorSwap” function, with calls to other helper functions, implements the
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`functionality described in the red-dashed box.11 The “DoSensorSwap” function begins with setting
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`up and changing various buttons in the HMI based on the current selected sensor and the new
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`sensor selection.12
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`33.
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`From lines 2024-2057, DoSensorSwap determines the type of hot swap request and
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`how specifically the target and measured values of the current and selected sensors will be
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`manipulated to ensure that that milling machine remains on grade.13 This process begins by
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`freezing the front and rear legs with a call to the “SendValveDriveStopCommand” and
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`“ActivateValvesChanged” functions.14 Importantly, as discussed further below, this does not stop
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`the machine from milling but simply stops the front and rear legs from moving up and down for a
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`10 CAT-SC0000140, line 4205.
`11 It’s worth noting there are some differences between the flow chart and how the code is
`actually implemented within DoSensorSwap, but I discuss notably differences herein.
`12 CAT-SC0000049-50, lines 1950-2022.
`13 See CAT-SC0000050-51.
`14 See CAT-SC0000050, lines 2027-28.
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 369-37 Filed 04/12/24 Page 4 of 4 PageID #: 34346
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`71.
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`I declare under penalty of perjury under the laws of the United States that the
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`foregoing is true and correct. Executed on May 18, 2023 in Tucson, AZ.
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`Ricardo Valerdi, Ph.D.
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`HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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