Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 1 of 21 PageID #: 34786
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`Exhibit D
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`

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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 2 of 21 PageID #: 34787
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`
`WIRTGEN AMERICA, INC.
`
`
`Plaintiff/Counterclaim-Defendant,
`
`
`
`
`
`C.A. No. 1:17-cv-00770-JDW
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`
`
`INITIAL EXPERT REPORT OF DR. JOHN H. LUMKES
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`CATERPILLAR INC.
`
`
`v.
`
`Defendant/Counterclaim-Plaintiff.
`
`
`
`
`
`
`
`
`
`
`
`
`

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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 3 of 21 PageID #: 34788
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`
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`a machine, would be connected to the hydraulic traction system in substantially the same way, and
`
`
`
`would be connected to the lifitng column in substantially the same way. Indeed, the specification
`
`of the ’309 patent expressly defines a “wheel” as including a “caterpillar” (i.e., a track): “When a
`
`front wheel is referred to hereinafter, this is also understood to mean a caterpillar.” ’309 patent
`
`2:32-33. Using this express definition of “wheels,” the Accused Ride Control Machines’ track
`
`assembly constitute a “wheel,” as recited in claim 10.
`
`3.
`
`Claim 29
`
`145. Claim 29 depends from claim 26 and adds the limitation that “the machine has a
`
`four sided stability pattern having a widest transverse dimension, transverse to the forward
`
`direction of the chassis, which widest transverse dimension falls within a footprint of the working
`
`roller or rotor. In my opinion, as explained below, the Accused Ride Control Machines include
`
`this claim element. Caterpillar disputes that this element is present in the Accused Ride Control
`
`Machines. See Caterpillar’s Resp. to Wirtgen America’s First Set of Interrogatories, Resp. to Rog.
`
`No. 19, served on Feb. 7, 2023. It has not provided any explanation for this contention so I reserve
`
`the right to supplement this opinion if and when it does explain its contention.
`
`146. When the ride control feature is activated, the Accused Ride Control Machines
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`include four leg cylinders that are positively coupled together such that the left front track and the
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`right rear track are adjusted in height in the same direction to each other and in the opposite
`
`direction to the right front wheel or caterpillar and the left rear wheel or caterpillar. As such, the
`
`adjacent pairs of tracks move as if they were on an imaginary pivoting axle between the tracks.
`
`For example, the left front track and the left rear track move as they were on an imaginary pivoting
`
`axle, and the left front track and the right front track move as they were on an imaginary pivoting
`
`axle. The pivot point of this imaginary axle will be at the midpoint of the line passing through each
`
`53
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`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 4 of 21 PageID #: 34789
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`
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`adjacent pair of tracks. The Accused Ride Control Machines’ hydraulic cylinders (i.e., actuating
`
`
`
`member) in each leg are designed identically (i.e., made from the same part). There are no
`
`accumulators in the hydraulic circuit of the ride control configuration. CAT0004149, Technical
`
`Presentation, PM620 and PM622 Cold Planers, Publication No. QESV2195 (Aug. 2016) at 4411.
`
`Accordingly, the height adjustment takes place essentially by equal amounts on all the tracks. This
`
`configuration thus creates an imaginary axle between adjacent tracks that pivots at the midpoint
`
`between the tracks.
`
`147. With an imaginary axle between adjacent tracks that pivots at the midpoint, the
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`resulting stability pattern of the PM620 is diamond shaped as shown below in the annotated image.
`
`CAT0055043.
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`
`
`
`
`54
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`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 5 of 21 PageID #: 34790
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`
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`CAT_00055857 at 10 (showing diamond shape stability pattern of PM600 machine and
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`
`
`acknowledging enhanced machine capability). The annotated blue diamond is the resulting
`
`stability pattern of the PM620. The vertices of the diamond-shaped stability pattern are located at
`
`the midpoints between adjacent pairs of lifting claim. Again, this is due to the pivot points of the
`
`imaginary axles being located at the midpoint. As shown in the above image, the widest transverse
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`dimension (dashed blue line) of the diamond-shaped stability pattern falls within the footprint of
`
`the milling drum.
`
`B.
`
`’530 Patent—Intelligent Leg Control
`1.
`
`Caterpillar’s PM600 and PM800 Series Road Milling Machines
`Infringe.
`
`148. As shown in the infringement claim chart attached at Appendix D, and further
`
`discussed below, the Accused Large Milling Machines literally contain each and every element of
`
`claims 5, 13, 16, and 22. I note that asserted claims 5, 13, and 16 depend directly from non-asserted
`
`claim 2, which depends from non-asserted claim 1, thus I have included a discussion of each and
`
`every limitation of claims 1 and 2 below. Additionally, I note that asserted claim 22 depends
`
`directly from non-asserted claim 1. Therefore, each and every asserted claim, as well as the
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`necessary intervening non-asserted claims are discussed below with respect to direct infringement
`
`by the Accused Large Milling Machines.
`
`149.
`
`In my opinion, Caterpillar directly infringes claims 5, 13, 16, and 22 of the ’530
`
`patent because Caterpillar made, used, sold, offered for sale, and imported PM600 and PM800
`
`series road milling machines (“Accused Large Milling Machines”)2 that included each and every
`
`feature of claims 5, 13, 16, and 22 of the ’530 patent.
`
`
`2 For example, Caterpillar made the Accused Large Milling Machines in North Little
`Rock, Arkansas, USA from 2019 to the first quarter of 2022. See Falcione Dep., 23:3-17, Mar. 9,
`
`55
`
`

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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 6 of 21 PageID #: 34791
`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 6 of 21 PagelD #: 34791
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`XII. Conclusion
`
`This report contains my complete opinions as of today based on discovery provided by
`
`Defendant. I reserve the right to amend, modify, or supplement this report in the even additional
`
`discovery is provided by Defendant, including any expert opinions offered by Defendant.
`
`Executed on May 18, 2023
`
`QA 7g
`Toha/Lumkes, Ph.D.
`
`223
`
`

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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 7 of 21 PageID #: 34792
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`
`
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`Appendix C
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`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 8 of 21 PageID #: 34793
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 8 of 21 PagelD #: 34793
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`U.S. Patent No. 7,828,309
`
`Accused Large Milling Machines
`
`tracks of the Accused Large Milling Machinesandthe recited wheel are insubstantial.
`
`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`Large Milling Machinespractice this feature.
`
`26[p]. A road-building
`machine, comprising:
`
`Large Milling Machinespractice this feature. 26[a]. a chassis having a
`
`aa
`, al
`
`rus2d PAT
`
`nen)ee
`
`CAT-770_041484 (PM620 and PM622 Cold Planers Sale Brochure) at 41505.
`
`See also CAT-770_004446, Operation and Maintenance Manual, PM620 and PM622 Cold Planers (July 2021) at
`4491; CAT0004583, Collection of PM600 Series Images and Photographs, at 4753; claim element 1[p].
`
`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 9 of 21 PageID #: 34794
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 9 of 21 PagelD #: 34794
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`aA eo eS
`aR Pr
`No.
`
`forward direction;
`
`CAT-770_004719 (PM620 01A Parts Manual) at 5277.
`
`UNDERCARRIAGE
`SUPPORT
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 10 of 21 PageID #: 34795
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 10 of 21 PagelD #: 34795
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`U.S.Patent No. 7,828,309
`
`Accused LargeMilling Machines
`
`274-1277
`
`FRAME GP-MAIN (contt)
`
`that are connected to a chassis of the machines. See 1[a]; CAT-770004719, Parts Manual, PM620 Cold Planer,
`
`CAT-770_004719 (PM620 01A Parts Manual) at 5222 (illustrating Part. No. 374-1277, Frame GP-Main); see also
`id. at 4745, 5221 (each identifying Part. No. 374-1277, Frame GP-Main), 4745 (identifying the parts of Part No. 374-
`1264, Chassis AR), 5022 (illustrating a portion of the frameas it relates to the electrical and starting system), 5200-
`5255 (identifying the parts of the “Frame and Body”), 5257 (illustrating the frame asit relates to the steering
`system), 5263 (illustrating the frameasit relates to the steering system).
`
`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`Large Milling Machinespracticethis feature.
`The Accused Large Milling Machinesincludea left front track, right front track, left rear track, and right rear track
`
`26[b]. a left front wheel or
`caterpillar;
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 11 of 21 PageID #: 34796
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 11 of 21 PagelD #: 34796
`
`U.S. Patent No. 7,828,309
`
`Accused Large Milling Machines
`
`Large Milling Machinespracticethis feature.
`
`Publication No. KEBP6261-10 (Jan. 2017) at 5250; see also id. at 5221, 5223, 5225, 5233, 5249, 5252, 5253, 5327,
`5225, 5284.
`
`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`
`a right front wheel or
`caterpillar;
`
`a left rear wheel or
`caterpillar;
`
`a right rear wheel or
`caterpillar;
`
`26[c]. a first working
`cylinderrigidly connected
`to the chassis and connected
`to the left front wheel or
`caterpillar for adjusting a
`height of the left front
`wheelorcaterpillar relative
`to the chassis;
`
`a second working cylinder
`rigidly connected to the
`chassis and connected to the
`right front wheel or
`caterpillar for adjusting a
`height ofthe right front
`wheelorcaterpillar relative
`to the chassis;
`
`The Accused Large Milling Machinesincludea first working cylinder rigidly connected to the chassis and connected to
`the left track for adjusting a height ofthe left track relative to the chassis, a second working cylinderrigidly connected to
`the chassis and connected to the nght front track for adjusting a height of the right front track relative to the chassis, a
`third working cylinder rigidly connected to the chassis and connected to the left rear track for adjusting a height of the
`left rear track relative to the chassis, and a fourth working cylinder rigidly connected to the chassis and connectedto the
`right rear track for adjusting a height of the nghtrear track relative to the chassis. See 1[b].
`
`Each leg of the Accused Large Milling Machinesincludesa hydraulic cylinder(i.e., actuating member) that connects
`the Accused Large Milling Machines’ chassis to the respective track. See 1[b]; CAT-770_004719 (PM620 01A Parts
`Manual) at 5277 (Part No. 374-1313, Cylinder & MTG GP-Hydraulic), 5288 (Part No. 383-4184, Cylinder
`GPHydraulic); CAT0004149 (STMGTechnical Presentation) at 4380-4381 (hydraulic cylinders); CAT0056655
`(Machine Drawing — 4 Hydraulic Cylinders); CAT0056891 (Machine Drawing — Hydraulic Cylinder).
`
`One end ofthe leg cylinderis rigidly connected to the machine frame, and the other end of the leg cylinderis
`connected to the undercarriage support. The end of hydraulic leg cylinders(i.e., actuating members) that is connected
`to the machine frame is bolted to the machine—each hydraulic leg cylinder is connected rigidly to the machine
`frame. See 1[b]; CAT-770_004719 (PM620 01A Parts Manual) at 5277 (Part No. 374-1313, Cylinder & MTG GP-
`Hydraulic), 5288 (Part No. 383-4184, Cylinder GPHydraulic); CAT0004149 (STMG Technical Presentation) at
`4380-4381 (hydraulic cylinders); CAT0056655 (Machine Drawing — 4 Hydraulic Cylinders); CAT0056891
`(Machine Drawing — Hydraulic Cylinder).
`
`a third working cylinder
`rigidly connected to the
`chassis and connected to the
`
`left rear wheelor caterpillar Each of the Accused Large Milling Machines’ hydraulic leg cylinders is adjustable in length to adjust the height
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 12 of 21 PageID #: 34797
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 12 of 21 PagelD #: 34797
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`U.S. Patent No. 7,828,309
`
`Accused Large Milling Machines
`
`for adjusting a height of the|between the tracks and the machine frame. See 1[b]; CAT-770_041484 (PM620 and PM622 Cold Planers Sales
`left rear wheel or caterpillar|Brochure) at 41490 (“Four leg posts with position sensors independently adjust and provide poweredvertical
`relative to the chassis;
`movement to maintain desired height.”’); see also CAT0004149 (STMG Technical Presentation) at 4159 (“The
`machine is equipped with four legs. Each leg is equipped with a track-type undercarriage. The height of each front
`leg [] is independently controlled. The rear legs [] are raised and lowered in unison.”), 4380 (“The machine stands on
`a fourth working cylinder
`four leg elevation cylinders. .
`.
`. The leg elevation cylinders [] hydraulically controlled to adjust the height and
`rigidly connected to the
`chassis and connected to the|attitude of the machine. The machineis leveled or adjusted for grade and slope using these cylinders.”), 4390-4392,
`right rear wheel or
`4407-4410; CAT-770_041484 (PM620 and PM622 Cold Planers Sales Brochure) at 41491; see also CAT-
`caterpillar for adjusting a
`770_004719 (PM620 01A Parts Manual) at 5276, 5287; CAT-770_001580, Systems Operation Testing and
`height of the right rear
`Adjusting, PM620, PM622, PM820, PM822, and PM825 Cold Planer Machine System (Feb. 2021) at 1584-1586,
`wheel orcaterpillar relative|1607, 1611-1612, 1628-1631.
`to the chassis;
`
`I mayalso rely on additional expert testimony, witness testimony, responsesto interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`Large Milling Machinespractice this feature.
`
`the forward direction;
`
`The Accused Large Milling Machinesinclude a rotating working roller supported from the chassis between the front
`tracks and the rear tracks and extending transversely to the forward direction.
`
`26[d]. a rotating working
`roller or rotor supported
`from the chassis between
`the front wheels or
`caterpillars and the rear
`wheels or caterpillars and
`extending transversely to
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 13 of 21 PageID #: 34798
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 13 of 21 PagelD #: 34798
`
`U.S.Patent No. 7,828,309
`
`AccusedLarge Milling Machines
`
`front tracks and the rear tracks.
`
`CAT-770_004719 (PM620 01A Parts Manual) at 5463; see also id. at 5462, 5464-5469.
`
`The Accused Large Milling Machines’ milling drum is rotatably mounted within the mixing chamber between the
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 14 of 21 PageID #: 34799
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 14 of 21 PagelD #: 34799
`
`|U.S.PatentNo. 7,828,309
`
`AccusedLargeMillingMachines
`
`MIXING
`
`a
`
`As Caterpillar states, the rotor is arranged centrally between the front tracks and the rear tracks.
`
`~~_CHAMBERAS
`
`> lyi
`
`me ¢\)
`
`CAT-770_004719 (PM620 01A Parts Manual) at 5469 (illustrating the mounted location of milling drum within the
`mixing chamber).
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 15 of 21 PageID #: 34800
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 15 of 21 PagelD #: 34800
`
`U.S. Patent No. 7,828,309
`
`Accused LargeMilling Machines
`
`Systems) at 1649-1650.
`
`illustration 69
`Rotor Drum
`
`(1) Cutter bits
`(2) Flighting
`(3) Paddles
`
`906073159
`
`The rotor is the work tool of the machine. The rotor is
`in the center of the machine, between the front and
`rear tracks.
`
`CAT-770_001580 (PM620 01A SOTA Manual - Machine Systems) at 1650; CAT0002846 at 2900, 2902; CAT-
`770_004719 (PM620 01A Parts Manual) at 5461-5480; CAT-770_001580 (PM620 01A SOTA Manual- Machine
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 16 of 21 PageID #: 34801
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 16 of 21 PagelD #: 34801
`
`US. Patent No. 7,828,309
`
`Accused Large Milling Machines
`
`Machine
`frame
`
`Working drum
`CAT0055043 (hiding the side plates and drum housingsidesforillustrative purposes) (annotated).
`
`Working drum
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 17 of 21 PageID #: 34802
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 17 of 21 PagelD #: 34802
`
`U.S. Patent No. 7,828,309
`
`Accused Large Milling Machines
`
`Large Milling Machinespracticethis feature. 26[f]. coupling lines
`
`CAT0055043 (annotated).
`
`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`Large Milling Machinespractice this feature.
`26[e]. each of the working|The Accused Large Milling Machinesinclude a hydraulic system containing a pressure medium such as oil which
`cylinders including at least|fills at least one working chamberof each working cylinder. See 1[d].
`one working chamberfilled
`with a pressure medium;
`
`Moreover, the hydraulic control and operation described andillustrated with respect to the leg lowerand raise
`commands demonstrate that the Accused Large Milling Machines’ hydraulic leg cylinders are double acting working
`cylinders. See 1[d].
`
`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`
`The Accused Large Milling Machines’ hydraulic system includes coupling lines connecting working chambersofthe
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 18 of 21 PageID #: 34803
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 18 of 21 PagelD #: 34803
`
`U.S. Patent No. 7,828,309
`
`connecting the working
`cylinders to one another and
`providing a positive
`hydraulic coupling between
`the working cylinders in
`such a waythatthe left
`front wheel orcaterpillar
`and the right rear wheel or
`caterpillar are adjusted in
`height in the same direction
`and in the opposite direction
`to the right front wheel or
`caterpillar andthe left rear
`wheelorcaterpillar.
`
`Accused Large Milling Machines
`
`working cylinders and providing positive hydraulic coupling between the working cylinders. See 1[c] and l[e]; CAT-
`770_001580, Systems Operation Testing and Adjusting, PM620, PM622, PM820, PM822, PM825 Cold Planer
`Machine System, UENR6294-06 (Feb. 2021) at 1598, 1600, 1601, 1628; CAT-770_002038, PM620 and PM622
`Cold Planer Hydraulic System (Feb. 2021) at 2040-2041; CAT0004149 (STMG Technical Presentation) at 4411; see
`also id. at 4353, 4358 (in the ride control configuration, “the solenoids open hydraulic valves which connectthe four
`leg cylinders in a series circuit. This connection allows irregular surface condition forces to transfer through all the
`cylinders, instead ofjust a single cylinder, to stabilize the machine during roading”), 4372 (in the ride control
`configuration, “the four leg cylinders are connected in a hydraulic series circuit. This action stabilizes the machine
`during roading by allowing irregular surface condition forces to transfer through all the cylinders, instead ofjust a
`single cylinder’’), 4411-4412 (describing ride control), 4393 (“In this condition, a sudden change in any one cylinder
`is absorbed through the remaining cylinders.”); CAT-770_004719 (PM620 01A Parts Manual) at 5276, 5287; see
`also id. at 5277 (Part No. 374-1313, Cylinder & MTG GP-Hydraulic); see also CAT0004149 (STMG Technical
`Presentation) at 4380-4381 (hydraulic cylinders); CAT0056655; CAT0056891; CAT-770_002038 (PM620 01A
`Hydraulic Diagram) at 2040-2041. When ride control valves in the hydraulic system open, the coupling lines connect
`the working cylinders in such a waythat the left front track and the right rear track are adjusted in height in the same
`direction and in the opposite direction to the right front track andthe left rear track. See id.
`
`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`Large Milling Machinespracticethis feature.
`
`
`
`in height in the same direction and in an opposite direction to the right front track andthe left rear track.
`
`Whenthe ride control feature of Caterpillar’s PM6201s activated, the Accused Large Milling Machines havea four-
`sided stability pattern formed by the elevation cylinders that are made from the samepart, located at the rectangular
`corners of the machine, and are hydraulically coupled so that the left front track and the right rear track are adjusted
`
`29. The road-building
`machineof claim 26,
`wherein the machine has a
`four sidedstability pattern
`having a widest transverse
`dimension, transverse to the
`forward direction of the
`chassis, which widest
`transverse dimension falls
`within a footprint of the
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 19 of 21 PageID #: 34804
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 19 of 21 PagelD #: 34804
`
`U.S. Patent No. 7,828,309
`workingroller or rotor.
`
`connect thefour leg cylinders in a series circuit. This connection allows irregular surface conditionforces to transfer
`
`CAT-770_004719 (PM620 01A Parts Manual) at 5277 (annotated); see also CAT0004149 (STMG Technical
`Presentation) at 4411, 4353, 4358 (in the ride control configuration, “the solenoids open hydraulic valves which
`
`Widest Transverse
`
`Dimension
`
`Wi
`
`.
`
`UNDERCARRIAGE
`SUPPORT
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 20 of 21 PageID #: 34805
`
`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 20 of 21 PagelD #: 34805
`
`U.S. Patent No. 7,828,309
`
`Accused LargeMilling Machines
`
`CAT-770_001580 (PM620 01A SOTA Manual- Machine Systems) at 1649 - 1650; CAT-770_001580 (PM620 01A
`
`throughall the cylinders, stead ofjust a single cylinder, to stabilize the machine during roading”) (emphasis
`added), 4372 (in the ride control configuration,“the four leg cylinders are connected in a hydraulic series circuit.
`This action stabilizes the machine during roading by allowing uregular surface condition forces to transfer through
`all the cylinders, instead ofjust a single cylinder”), 4411-4412 (describing ride control), 4393 (“In this condition, a
`sudden change in any one cylinder is absorbed through the remaining cylinders.”) (emphasis added).
`
`Because each of the four elevation cylinders is made from the samepart, the ride control feature causes the
`symmetrical displacement of each elevation cylinder in equal and opposite directions to the two ummediately
`adjacent cylinders, producing a diamond-shapedstability pattern with vertices along the mid-points between each
`adjacent pair of cylinders. The widest transverse dimension of this diamond-shapedstability pattern (denoted by the
`dashedline below)is therefore along a transverse line mid-way betweenthe front and rear elevation cylinders.
`
`374-7407
`
`CHAMBER GP-MIXING (come )
`
`oN
`.
`%
`.
`| le
`~ ; or A -
`:
`.
`
`See also CAT-7700047 19 at 5460-5469 (Part No. 374-1407, Chamber GP-Mixing) (showing mountinglocation of
`the rotor relative to the machine frame which aligns with the widest transverse dimension ofthe stability pattern);
`
`

`

`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 21 of 21 PageID #: 34806
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`Case 1:17-cv-00770-JDW Document 383-4 Filed 05/10/24 Page 21 of 21 PagelD #: 34806
`
`U.S.Patent No. 7,828,309
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`Accused Large Milling Machines
`
`SOTA Manual - Machine Systems), Systems Operation Testing and Adjusting, PM620, PM622, PM820, PM822,
`and PM825 Cold Planer Machine System (Feb. 2021) at 1584-1586, 1607, 1611-1612, 1628-1631, 1649-1650.
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`parallel to the forward
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`CAT0055043.
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`The footprint of the workingroller or rotor is located at the center of the machine betweenthe front and rear tracks.
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`Accordingly, the widest transverse dimensionofthe stability pattern therefore falls on the footprint of the working
`roller.
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`I mayalso rely on additional expert testimony, witness testimony, responses to interrogatories, responses to requests
`for admission, inspection photographs and videos of PM620 or PM622 01A build machines to show that the Accused
`Large Milling Machinespractice this feature.
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`32. The road-building
`machine of claim 29,
`wherein the stability pattern
`is diamond shaped having a
`longest diagonal extending
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`Whenthe ride control feature of Caterpillar’s PM620is activated, the stability pattern is diamond shaped having a
`longest diagonal extendingparallel to the forward direction of the chassis.
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