`Case 1:17-cv-00770-JDW Document 369-4 Filed 04/12/24 Page 1 of 5 PagelD #: 33447
`
`EXHIBIT 4
`EXHIBIT 4
`
`
`
`Case 1:17-cv-00770-JDW Document 369-4 Filed 04/12/24 Page 2 of 5 PageID #: 33448
`
`3/24/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELEWARE
`_________________________
`WIRTGEN AMERICA, INC., )
` Plaintiff/ )
`Counterclaim Defendant, )
`vs. ) C.A. No.
`CATERPILLAR INC., ) 17-770-JDW-MPT
` Defendant/ )
`Counterclaim Plaintiff. )
`_________________________)
` CONFIDENTIAL - ATTORNEYS' EYES ONLY
`
` 30(b)(6) VIDEO DEPOSITION OF
` JEFFREY WILEY
` Friday, March 24, 2023
` 8:49 a.m. CT
`
`Reported by: Elisabeth A. Lorenz: RMR, CRR
`________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 369-4 Filed 04/12/24 Page 3 of 5 PageID #: 33449
`
`3/24/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`Page 106
` about what Caterpillar was doing, before that
` dinner?
` A No.
` Q Before that dinner, did you have any
` concerns about what Caterpillar was doing, before
` the dinner with Mr. Wirtgen?
` A I personally always have concerns about what
` our competitors are doing. It's my job.
` Q In your view, was Caterpillar always a
` competitor of Wirtgen for milling machines?
` A Not early on. Not in the early days. But,
` again, I go back a long ways.
` Q In your view, when did Caterpillar first
` become a competitor of Wirtgen for milling machines?
` A I would say in the mid-'90s.
` Q And do you recall what machine Caterpillar
` was selling in the mid-'90s that was competing with
` Wirtgen?
` A Well, they had a 565, a PM200, and a 465.
` Q And in the mid-1990s, who was, let's say,
` Wirtgen America's biggest competitor in the United
` States?
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 369-4 Filed 04/12/24 Page 4 of 5 PageID #: 33450
`
`3/24/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`Page 330
` A I mean, it was a little bit more production,
` more power, a little bit bigger machine. Also, I
` believe that the Cat 465 was made in Minneapolis and
` the 200 was made in Italy. Both of these machines
` were made in Minneapolis, domestically.
` Q And did Wirtgen America ever conduct any
` analysis of Caterpillar's PM465 or PM565 machines?
` A Just observing, walk around the machine. We
` probably took one or two in trade, but we never
` disassembled any of them or anything like that.
` Maybe had a comparison sheet, very crude comparison
` sheet, like we have in the past.
` Q Do you recall ever receiving a benchmarking
` analysis from Wirtgen GmbH about either the PM465 or
` PM565?
` A I don't recall one. It doesn't mean it
` didn't happen. But again, it was a long time ago,
` so I'm not sure if we got one from Germany or not.
` They're not very good at the domestic-built
` machines because they're in Germany.
` Q Okay.
` A So we would know more about it than them.
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 369-4 Filed 04/12/24 Page 5 of 5 PageID #: 33451
`
`3/24/2023
`
`Wirtgen America Inc. v. Caterpillar Inc.
`Confidential - Attorneys' Eyes Only
`
`Jeffrey Wiley 30(b)(6)
`
`Page 373
`
` CERTIFICATE OF SHORTHAND REPORTER
`
` I, ELISABETH A. LORENZ, Registered
` Merit Reporter and Certified Realtime Reporter, the
` officer before whom the foregoing deposition was
` taken, do hereby certify that the foregoing
` transcript is a true and correct record of the
` testimony given; that said testimony was taken by me
` stenographically and thereafter reduced to
` typewriting under my direction; that reading and
` signing was requested; and that I am neither counsel
` for, related to, nor employed by any of the parties
` to this case and have no interest, financial or
` otherwise, in its outcome.
` IN WITNESS WHEREOF, I have hereunto set
` my hand this 29th day of March, 2023.
`
`
` ____________________________________
` ELISABETH A. LORENZ
` NCRA Registered Merit Reporter
` NCRA Certified Realtime Reporter
`
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
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