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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Caterpillar, Inc.
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`Petitioner
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`v.
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`Wirtgen America, Inc.
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`Patent Owner
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`Patent No. 8,308,395
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`Case No. IPR2018-01091
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`DECLARATION OF MICHAEL B. ALDRICH
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`Page 1 of 5
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`CATERPILLAR EXHIBIT 1052
`CATERPILLAR v. WIRTGEN
`IPR2018-01091
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`I, Michael B. Aldrich, state and declare as follows:
`I earned a Bachelor’s Degree from Ray College of Design and an
`1.
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`Associate’s Degree from Kishwaukee Junior College.
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`2.
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`From 1995 to 2000, I was employed by Caterpillar Paving Products as
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`a Product Analyst.
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`3.
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`From 2000 to the present day, I have been employed by
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`as a Paving Products Support Representative.
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`4.
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`Before I arrived at
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` in 2000,
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` sold a PM-465
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`cold planer to
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`, which is now known as
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`.
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`5.
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`During the May 2000 to March 2003 timeframe, I provided technical
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`service and support for that PM-465 machine. If someone at
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` had
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`a question or problem with the PM-465 machine, or did not understand how a
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`feature on that machine worked, they would often contact me, and we would
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`discuss the issue. Sometimes we resolved the issues over the phone and sometimes
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`I made in-person visits. The in-person visits often allowed me to illustrate certain
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`features, such as the PM-465’s grade and slope system, in front of employees at
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` while using the PM-465 machine.
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`1
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`Page 2 of 5
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`6.
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`Because
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` bought a PM-465 machine, it had access to
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`the PM-465 manuals. Some of these manuals, such as the Operations and
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`Maintenance manual, were distributed with the machine itself. Other Caterpillar
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`PM-465 manuals were not distributed with the machine but could be obtained from
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`.
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`7.
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`For example, the PM-465 machine had a grade-and-slope system that
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`Caterpillar designed in house, not a grade-and-slope system made by another
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`company such as Topcon or MOBA. Caterpillar issued a manual showing users
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`how to operate this grade-and-slope system called the PM-465 Cold Planer
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`Caterpillar Grade & Slope Electronic Control System, Systems Operation Testing
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`and Adjusting Manual (“SOTA Manual”). This SOTA Manual is dated December
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`1999 and had version number KENR3106-01.
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`8.
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`From May 2000 to March 2003, any Caterpillar customer including
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`, could have obtained the SOTA Manual from
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`.
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`Moreover, members of the public who did not purchase a PM-465 machine could
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`also obtain a SOTA Manual from
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` from May 2000 to March 2003 at a
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`cost.
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`9.
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`From May 2000 to March 2003, I made visits to and had calls with
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`, where I provided technical assistance for the PM-465 machine
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`that
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` purchased from
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`. During this time, I had access
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`2
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`Page 3 of 5
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`to the SOTA Manual and could have provided it to
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`, or to any
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`other Caterpillar customer, who requested it. In fact, from May 2000 to March
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`2003, I kept a bound copy of the SOTA Manual in my service truck in case a
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`customer wanted to review it, or in case I felt it would be helpful in illustrating a
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`particular feature during a service visit. I still have this document in my possession
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`and provided a copy of it as Exhibit 1053.
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`10.
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`I declare that all statements made herein of my knowledge are true
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`and that all statements made on information and belief are believed to be true; and
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`further, that these statements were made with knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under 18 U.S.C. § 1001.
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`11.
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`I declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct.
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`12.
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`In signing this declaration, I understand that the declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office. I acknowledge that I may be
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`subject to cross-examination in the case and that cross-examination will take place
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`within the United States. If cross-examination is required of me, I will appear for
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`cross-examination within the United States during the time allotted for
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`cross-examination.
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`3
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`Page 4 of 5
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`Executed on this 7th day of June 2019.
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`4
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`Page 5 of 5
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