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` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
` ---oOo---
`
`WESTINGHOUSE AIR BRAKE
`TECHNOLOGIES CORPORATION
`(d/b/a WABTEC CORPORATION)
` Plaintiff,
` C.A. No.
`v. 17-1687 (LPS) (CJB)
`SIEMENS INDUSTRY, INC.,
` Defendant.
`___________________________/
`
`VIDEOTAPED DEPOSITION OF JOHN D. LOUD, MSEE, PE, CFEI
` SAN FRANCISCO, CALIFORNIA
` FRIDAY, JUNE 1, 2018
`
`BY: ANDREA M. IGNACIO, CSR, RPR, CRR, CCRR,
` CLR ~ CSR LICENSE NO. 9830
` JOB NO. 142615
`
`TSG Reporting - Worldwide 877-702-9580
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`WABTEC CORP. EXHIBIT 1036
`Wabtec Corp. v. Siemens Industry, Inc.
`IPR2017-00981
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`Page 1 of 8
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
` ---oOo---
`
`WESTINGHOUSE AIR BRAKE
`TECHNOLOGIES CORPORATION
`(d/b/a WABTEC CORPORATION)
` Plaintiff,
` C.A. No.
`v. 17-1687 (LPS) (CJB)
`SIEMENS INDUSTRY, INC.,
` Defendant.
`___________________________/
`
`VIDEOTAPED DEPOSITION OF JOHN D. LOUD, MSEE, PE, CFEI
` SAN FRANCISCO, CALIFORNIA
` FRIDAY, JUNE 1, 2018
`
`BY: ANDREA M. IGNACIO, CSR, RPR, CRR, CCRR,
` CLR ~ CSR LICENSE NO. 9830
` JOB NO. 142615
`
`TSG Reporting - Worldwide 877-702-9580
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`WABTEC CORP. EXHIBIT 1036
`Wabtec Corp. v. Siemens Industry, Inc.
`IPR2017-00981
`
`Page 1 of 8
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`
`Page 2
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
` ---oOo---
`
`WESTINGHOUSE AIR BRAKE
`TECHNOLOGIES CORPORATION
`(d/b/a WABTEC CORPORATION)
` Plaintiff,
` C.A. No.
`v. 17-1687 (LPS) (CJB)
`SIEMENS INDUSTRY, INC.,
` Defendant.
`___________________________/
`
` Videotaped Deposition of John D. Loud, MSEE,
` PE, CFEI taken on behalf of Plaintiffs, on June 1,
` 2018, at K&L Gates, Four Embarcadero Center,
` San Francisco, California, beginning 9:06 a.m., and
` commencing at 2:57 p.m., Pursuant to Notice, and
` before me, ANDREA M. IGNACIO, CSR, RPR, CRR, CLR ~
` License No. 9830.
`
`TSG Reporting - Worldwide 877-702-9580
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`Page 2 of 8
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`Page 3
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`A P P E A R A N C E S:
`
` FOR THE PETITIONER:
` K&L GATES
` By: BENJAMIN WEED, Esq.
` JASON ENGEL, Esq.
` 70 West Madison Street
` Chicago, Illinois 60602
`
` FOR THE PATENT OWNER:
` CROWELL & MORING
` By: MARK SUPKO, Esq.
` 1001 Pennsylvania Avenue NW
` Washington, DC 20004
`
` ALSO PRESENT: Dave Swafford, Videographer
` ---oOo---
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` SAN FRANCISCO, CALIFORNIA
` FRIDAY, JUNE 1, 2018
` 9:06 a.m.
`
`Page 4
`
` (Documents marked Exhibit 433 - 436
` for identification.)
` THE VIDEOGRAPHER: This is the start of video
`labeled No. 1 in the deposition of John Loud. In the
`matter: Westinghouse Air Brake Technologies
`Corporation, et al., versus Siemens Industry
`Incorporated.
` In the United States District Court, for the
`District of Delaware. Case No. 17-1687-LPS-CJB.
` This deposition is being held at
`Four Embarcadero Center, Suite 2- -- 1200,
`San Francisco, California, on June 1st, 2018, at
`approximately 9:06 a.m.
` My name is Dave Swafford, from TSG Reporting
`Incorporated, and I'm a legal video specialist.
` Our court reporter today is Andrea M.
`Ignacio, in association with TSG Reporting.
` Will counsel please introduce yourself.
` MR. WEED: Ben Weed from K&L Gates on behalf
`of the plaintiffs, and with me is Jason Engel from K&L
`Gates.
`
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` MR. SUPKO: Mark Supko from Crowell & Moring,
`representing Siemens Industry, Inc., and Mr. Loud.
` THE VIDEOGRAPHER: Will the court reporter
`please swear in our witness.
`
` JOHN D. LOUD, MSEE, PE, CFEI,
` having been sworn as a witness,
` by the Certified Shorthand Reporter,
` testified as follows:
`
` THE VIDEOGRAPHER: You may now proceed.
`
` EXAMINATION
` BY MR. WEED:
` Q Good morning, Mr. Loud.
` A Good morning.
` Q Would you please state and spell your name
`for this record.
` A John David Loud. Spelled J-O-H-N, and last
`name is L-O-U-D.
` Q Okay. I've put in front of you a handful of
`exhibits already. If you would pull out the one
`numbered 433, please.
` A I got it.
` Q And feel free to look through it as much as
`
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` Q No. Sure. There's no reason to ask
`questions about it either.
` A It's your deposition. Whatever works.
` Q When we -- when we talked the last time, you
`mentioned some -- I asked you a question about whether
`you could recall any trial testimony you had given in
`a patent matter.
` A Yes.
` Q And I think the one that you can recall at
`that time involved a personal watercraft --
` A Oh, yes.
` Q -- controller?
` A Yamaha versus Bombardier, yes. I remember
`that.
` Q And that was trial testimony; correct?
` A So, I don't know. It was --
` Q It was in court testimony; is that right?
` A In court, yes. It was in the Trade
`Commission --
` Q Okay.
` A -- before a judge, so I assume that's --
` Q Sure.
` A Yeah.
` Q For purposes, it was not a deposition?
` A No, but -- but there is no jury.
`
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` Q Right.
` A So I don't know.
` Q Right.
` A I think that fits your description.
` Q Yeah.
` And so, I guess my question is: What --
`what, in your technical training, prepared you to
`testify about personal watercraft controllers in that
`case?
` A Oh, this is quite a few years ago.
` So, my background is electrical engineering
`and railroad and control systems, so I've done a lot
`of work in control systems, and repairing them from
`the perspective of locomotives, and designing and
`building motor controllers for the -- my master's
`thesis, and I've done a lot of work in different
`controller applications. Failure investigations with
`controllers.
` So I am qualified to offer opinions on
`control systems and controllers. And so, while I
`wouldn't say I had extensive experience in personal
`watercraft, per se, it was only the control aspects
`and the electronics that I was offering opinions
`about, and in that I was qualified
` Q Okay. And do you recall having any trouble
`
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`understanding the technology involved in that case?
` A No, no. I understood it very well.
` Q Okay. And I -- this is going to test your
`memory, but do you have any recollection of the
`vintage of the patent that was at issue in that case,
`in terms of filing date?
` A No.
` Q Okay. Do you remember how long ago the
`testimony occurred?
` A I'd have to go through my testimony records,
`but over ten years ago.
` Q Okay. Do you know if -- might it have been
`in the '90s? Or was it some time in the 2000s?
` A It seems that it was most likely in the
`2000s, but I wouldn't want to rule out the possibility
`that it was -- I mean, I started in '95. Unlikely it
`was in the '90s.
` Q Okay. And I may have asked you this before:
`Do you remember, in that case, whether you gave
`testimony about issues related to validity, or issues
`related to infringement, or both?
` A I -- I remember we had claim charts. And I
`remember we were -- I was specifically working on
`infringement and whether or not the Bombardier
`watercraft infringed Yamaha's patents. I remember
`
`TSG Reporting - Worldwide 877-702-9580
`
`Page 8 of 8
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`
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