V E R IT E X T
`
`(LEGAL SOLUTIONS
`
`Deposition of:
`
`Michael B. Aldrich
`
`June 20, 2019
`
`In the Matter of:
`
`Caterpillar Inc. Vs. Wirtgen America,
`Inc.
`
`800.808.4958 | calendar-dmv@veritext.com |
`
`Veritext Legal Solutions
`
`Page 1 of 70
`
`CATERPILLAR EXHIBIT 1054
`
`CATERPILLAR v. WIRTGEN
`IPR2018—01091
`
`Page 1 of 70
`
`CATERPILLAR EXHIBIT 1054
`CATERPILLAR v. WIRTGEN
`IPR2018-01091
`
`
`
`(LEGAL SOLUTIONS
`
`Deposition of:
`
`Michael B. Aldrich
`
`June 20, 2019
`
`In the Matter of:
`
`Caterpillar Inc. Vs. Wirtgen America,
`Inc.
`
`800.808.4958 | calendar-dmv@veritext.com |
`
`Veritext Legal Solutions
`
`Page 1 of 70
`
`CATERPILLAR EXHIBIT 1054
`
`CATERPILLAR v. WIRTGEN
`IPR2018—01091
`
`Page 1 of 70
`
`CATERPILLAR EXHIBIT 1054
`CATERPILLAR v. WIRTGEN
`IPR2018-01091
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
` CASE: IPR 2018-01091
`
` _________________________________________________
`
` CATERPILLAR, INC.
`
` Petitioner
`
` vs.
`
` WIRTGEN AMERICA, INC.
`
` Patent Owner
`
` _________________________________________________
`
` DEPOSITION OF
`
` MICHAEL ALDRICH
`
` Taken: June 20, 2019 By: Jackie McKone
`
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`
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` A P P E A R A N C E S :
`
`Page 2
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` S T E R N E K E S S L E R G O L D S T E I N F O X
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` 1 1 0 0 N e w Y o r k A v e n u e N o r t h w e s t
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` W a s h i n g t o n , D C 2 0 0 0 5
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` P H O N E : ( 2 0 2 ) 3 7 1 - 2 6 0 0
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` F A X : ( 2 0 2 ) 3 7 1 - 2 5 4 0
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` E - M A I L : r c o l l e r @ s t e r n e k e s s l e r . c o m
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` B Y : R i c h a r d C o l l e r
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` F o r t h e P e t i t i o n e r
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` F I N N E G A N H E N D E R S O N F A R A B O W G A R R E T T D U N N E R
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` 9 0 1 N e w Y o r k A v e n u e N o r t h w e s t
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` W a s h i n g t o n , D C 2 0 0 0 1
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` P H O N E : ( 2 0 2 ) 4 0 8 - 4 0 0 0
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` F A X : ( 2 0 2 ) 4 0 8 - 4 4 0 0
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` E - M A I L : d a v i d . m r o z @ f i n n e g a n . c o m
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` B Y : D a v i d M r o z
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` F o r t h e P a t e n t O w n e r
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`Page 3
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` I N D E X
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` Examination by Mr. Coller, Page 4
`
` Examination by Mr. Mroz, Page 55
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` E X H I B I T S
`
` (No exhibits marked)
`
` PREVIOUSLY MARKED EXHIBITS
`
` Exhibit 1052 Aldrich declaration, Page 15
`
` Exhibit 1053 SOTA manual, Page 44
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`Page 4
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` P R O C E E D I N G S
`
` The following is the deposition of witness
`
` Michael Aldrich taken at Sheraton Minneapolis
`
` West, 12201 Ridgedale Drive in Minnetonka,
`
` Minnesota commencing at 2:02 p.m. on 20 June 2019
`
` pursuant to notice.
`
` * * *
`
` MICHAEL ALDRICH
`
` after having been duly sworn deposes and says
`
` under oath as follows.
`
` * * *
`
` EXAMINATION
`
` BY MR. COLLER:
`
`Q. All right. Good afternoon Mr. Aldrich. Would you
`
` please state your full legal name for the record.
`
`A. My name is Michael Blake Aldrich.
`
`Q. Thank you. Do you understand why you're here
`
` today?
`
`A. Yes sir.
`
`Q. And why are you here today?
`
`A. For a deposition for some patent infringement.
`
`Q. Okay. Do you understand that you're having your
`
` deposition taken today in connection with the
`
` declaration testimony that you provided in inter
`
` parte review, Case Number IPR 2018-01021?
`
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`A. Yes.
`
`Q. Do you understand that the parties in this case
`
` are Caterpillar Inc. and Wirtgen America Inc.?
`
`A. Yes.
`
`Q. Do you understand that you're under oath today?
`
`A. Yes.
`
`Q. Mr. Aldrich, have you ever been deposed before?
`
`A. No.
`
`Q. Okay. Mr. Aldrich, I'd like to go over some basic
`
` ground rules for today's deposition with you. As
`
` you can see, we have a court reporter here who
`
` will be recording your answers so you need to try
`
` to speak clearly to the reporter so that she can
`
` understand you. Do you agree to do that?
`
`A. Yes.
`
`Q. And the transcript can't show nodding, hand
`
` motions so please answer with words. Do you agree
`
` to do that?
`
`A. I do.
`
`Q. And it helps the court reporter if you and I don't
`
` talk over each other. So please wait to answer
`
` until I finish my question, and I'll try to do the
`
` same for you. Do you agree to do that?
`
`A. I do.
`
`Q. If you don't understand a question, please tell
`
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` me. Do you agree to do that?
`
`A. I do.
`
`Q. So your counsel may object from time to time to
`
` questions I ask, but unless you receive a specific
`
` instruction from counsel not to answer a question,
`
` you still have to answer the question even if
`
` there's an objection. Do you understand that?
`
`A. Yes.
`
`Q. And if at any time you feel like you need to take
`
` a break, just let me know, and we can take a
`
` break. Do you agree to do that?
`
`A. Yes.
`
`Q. But one exception is if there's a question pending
`
` I will need you to answer the question before we
`
` break.
`
`A. Okay.
`
`Q. Okay, and since my cross examination of you has
`
` begun, until I've completely concluded the cross
`
` examination, you can't confer with your counsel
`
` regarding the substance of your testimony that you
`
` already have given or you expect to give today.
`
` Do you understand that?
`
`A. Yes.
`
`Q. Okay. So that means during any breaks we might
`
` take you can't confer with your counsel about the
`
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` substance of your testimony. Do you understand
`
`Page 7
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` that?
`
`A. Yes.
`
`Q. Mr. Aldrich, are you under the influence of
`
` anything such as medications that might make it
`
` difficult for you to understand and answer my
`
` questions today?
`
`A. No.
`
`Q. Is there any other reason why you can't provide
`
` your complete and accurate testimony today?
`
`A. No.
`
`Q. All right. Mr. Aldrich, what did you do to
`
` prepare for today's deposition?
`
`A. Show up.
`
`Q. Did you review any documents to prepare for
`
` today's deposition?
`
` MR. MROZ: Objection. Caution you Mr.
`
` Aldrich don't reveal anything that's privileged in
`
` answering the question. You can give him facts
`
` but nothing about attorney-client communications.
`
` THE WITNESS: You want to rephrase it or
`
` repeat the question?
`
` MR. COLLER: Sure.
`
` BY MR. COLLER:
`
`Q. Did you review any documents to prepare for
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` today's deposition?
`
`A. Just my statement, my deposition statement.
`
`Q. Would that be your declaration?
`
`A. Or declaration. Yes. If that's the correct term.
`
`Q. Did you review any other documents in addition to
`
` your declaration?
`
`A. No.
`
`Q. And how long did you spend reviewing your
`
` declaration in preparation for today's deposition?
`
`A. Two or three minutes.
`
`Q. Did you meet with counsel to prepare for today's
`
` deposition?
`
`A. Yes.
`
`Q. When did you meet with counsel to prepare for
`
` today's deposition?
`
`A. Prior to coming into this room.
`
`Q. How long did you meet for?
`
`A. Hour.
`
`Q. When we're talking about counsel you met with,
`
` we're talking about counsel to your right here;
`
` correct?
`
`A. Yes.
`
`Q. Did you meet with anyone else in preparation for
`
` the deposition?
`
`A. No.
`
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`Q. Other than reviewing your declaration and meeting
`
` with counsel, did you do anything else to prepare
`
` for today's deposition?
`
`A. No.
`
`Q. Mr. Aldrich, who retained you to work on this
`
` matter?
`
`A. Caterpillar.
`
`Q. And when you say Caterpillar, are you talking
`
` about Caterpillar Inc. or a different Caterpillar
`
` entity?
`
`A. Caterpillar Inc.
`
`Q. Do you have a written retention agreement with
`
` Caterpillar Inc.?
`
`A. No.
`
`Q. Are you being compensated by Caterpillar Inc. for
`
` your time spent working on this matter?
`
`A. No.
`
`Q. When were you approached by Caterpillar Inc. to
`
` work on this matter?
`
`A. A month ago. Roughly.
`
`Q. Who contacted you?
`
` MR. MROZ: Objection. Caution you not to
`
` reveal any privileged communications with
`
` attorneys in answering this question.
`
` THE WITNESS: You want to repeat your
`
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` question again?
`
` MR. COLLER: Sure.
`
` BY MR. COLLER:
`
`Q. Who contacted you initially about working on this
`
` matter? Just the person's name.
`
`A. Their attorney.
`
`Q. An attorney with the law firm of Finnegan
`
` Henderson?
`
`A. Yes.
`
`Q. Do you remember the attorney's name?
`
`A. David Mroz.
`
`Q. Is there anyone else at the Finnegan law firm that
`
` you've been communicating with about this matter?
`
`A. No.
`
`Q. Have you communicated with anyone at Caterpillar
`
` Inc. about this matter?
`
`A. No.
`
`Q. Have you communicated with anyone currently at or
`
` formerly at Caterpillar Paving Products about this
`
` matter?
`
`A. No.
`
`Q. Have you communicated with anyone currently at or
`
` formerly at your current employer,
`
`,
`
` about this matter?
`
`A. No.
`
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`Q. Does anyone at
`
` know that you're
`
` participating in this matter?
`
`A. Yes.
`
`Q. Who knows that you're participating in this
`
` matter?
`
`A. Via Finnegan and Dave Mroz. I checked with a
`
` superior about coming to do this.
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`Q. And sorry; is it
`
`?
`
`A.
`
`
`
`Q. Okay. So you have a superior at
`
` who knows
`
` that you're participating in this matter. What's
`
` that person's name?
`
`A. Dave Walter.
`
`Q. And what is Dave Walter's position at
`
`?
`
`A. Vice president of sales.
`
`Q. Is there anyone else at
`
` that knows about
`
` your participation in this matter?
`
`A. No.
`
`Q. Not asking you to reveal any privileged
`
` information -- strike that. In any conversations
`
` you've had with Dave Walter about this matter,
`
` were any attorneys also involved in those
`
` conversations?
`
`A. No.
`
` MR. MROZ: Just give me a second to object.
`
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` BY MR. COLLER:
`
`Q. What did you discuss with Mr. Walter about this
`
` matter?
`
` MR. MROZ: Objection. Instruct you not to
`
` answer. Privilege.
`
` MR. COLLER: Counsel, what's the basis for
`
` the privilege?
`
` MR. MROZ: Because the attorney wasn't
`
` there doesn't mean it wasn't privileged.
`
` BY MR. COLLER:
`
`Q. Did you discuss with Mr. Walter anything beyond --
`
` anything that didn't relate to the substance of
`
` this matter?
`
` MR. MROZ: Objection. Privilege. Instruct
`
` not to answer. Same basis.
`
` BY MR. COLLER:
`
`Q. In any conversations you had with Mr. Walter, were
`
` there any attorneys involved in the conversation
`
` regardless of if they were from the Finnegan
`
` Henderson law firm or elsewhere?
`
` MR. MROZ: Objection. Instruct not to
`
` answer.
`
` MR. COLLER: I'm going to repeat the
`
` question so we're clear.
`
` BY MR. COLLER:
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`Q.
`
`Were there any attorneys present in a conversation
`
`is the question I'm asking.
`
`MR. MROZ: Objection. Privilege. Instruct
`
`not to answer on the basis that you're asking
`
`about conversations he had about this matter. So
`
`those are privileged.
`
`BY MR. COLLER:
`
`Q.
`
`How many times did you discuss this matter with
`
`Mr. Walter?
`
`MR. MROZ: Objection. Privilege. Instruct
`
`not to answer.
`
`MR. COLLER: Off the record for just a
`
`minute.
`
`(Whereupon a discussion was held off the
`
`record from 2:14 p.m. to 2:16 p.m.)
`
`BY MR. COLLER:
`
`Q.
`
`Mr. Aldrich, just to make sure I have the record
`
`clear here, you've discussed this matter with a
`
`superior at
`
` whose name is Dave Walter, and
`
`he is a VP of sales; is that correct?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Correct.
`
`How many times did you have conversations with Mr.
`
`Walter about this matter?
`
`Once.
`
`Do you remember when that was approximately?
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`A. I'd say three weeks ago.
`
`Q. And was it an in-person conversation? Was it a
`
`Page 14
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` phone call, e-mail?
`
`A. Verbal.
`
`Q. Approximately how long did the conversation last?
`
`A. Three to five minutes, five minutes.
`
`Q. Okay. Thank you. Have you communicated with
`
` anyone who is at or formerly at
`
`
`
`A. No.
`
` about this matter?
`
`Q. Have you communicated with an individual named Mr.
`
` Michael Netka about this matter?
`
`A. No.
`
`Q. Do you know the name Michael Netka?
`
`A. Yes.
`
`Q. How do you know the name Michael Netka?
`
`A. From being in the industry.
`
`Q. Do you know him personally?
`
`A. Yes.
`
`Q. When was the last time you spoke with Mr. Netka?
`
`A. Five years ago.
`
`Q. Have you communicated with an individual Doctor
`
` David Bevly about this matter?
`
`A. No.
`
`Q. Do you know the name Doctor David Bevly?
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`A. No.
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`Q. Other than anyone that we've talked about already,
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` have you communicated about this matter with
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`Page 15
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` anyone else?
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`A. No.
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`Q. Mr. Aldrich, I'm going to hand you a confidential
`
` version of Caterpillar Exhibit 1052. Do you
`
` recognize this document?
`
`A. Yes.
`
`Q. What is it?
`
`A. My declaration.
`
`Q. The declaration that you submitted in this matter?
`
`A. Yes.
`
`Q. Mr. Aldrich, when did you complete this
`
` declaration?
`
`A. June 7th.
`
`Q. When did you begin working on the declaration?
`
` MR. MROZ: Objection. Privileged. Caution
`
` you not to reveal any confidential communications,
`
` privileged communications.
`
` THE WITNESS: I don't recall.
`
` BY MR. COLLER:
`
`Q. So you completed the declaration on June 7th;
`
` correct?
`
`A. Correct.
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`Q. Do you think that you started working on the
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` declaration more or less than a week before then?
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`A. Do you want to repeat your question?
`
`Q. Sure. The question was: Do you think that you
`
` started working on the declaration more or less
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` than a week before June 7th when you completed it?
`
`A. Yes.
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`Q. Let me restate the question. It wasn't intended
`
` to be a yes or no question. Did you start working
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` on the declaration more than a week before June
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` 7th the or less than a week before June 7th?
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`A. Repeat once more.
`
`Q. Sure. So you told me that you completed working
`
` on the declaration on June 7th, and what I want to
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` know is: Did you start working on that
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` declaration more than a week before June 7th or
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` less than a week from June 7th? Another way to
`
` ask it would be how many days had elapsed when you
`
` started working on the declaration and when you
`
` finished?
`
` MR. MROZ: Objection. Form.
`
` THE WITNESS: Repeat once more, or
`
` rephrase.
`
` BY MR. COLLER:
`
`Q. From the time you first started working on the
`
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` declaration until the time you finished the
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` declaration on June 7th, approximately how many
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`Page 17
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` days was that?
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`A. Prior to signing?
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`Q. Prior to signing. Yes. Prior to completing the
`
` declaration on June 7th, which is what you told
`
` me.
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`A. A week.
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`Q. It was about a week?
`
`A. About a week.
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`Q. Thank you.
`
`A. A week.
`
`Q. In that one-week period, were you actively working
`
` on the declaration every day?
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`A. No.
`
`Q. Approximately how many days in that week were you
`
` actively working on the declaration?
`
`A. Maybe two hours, two hours.
`
`Q. Okay. So you spent approximately two hours in
`
` total working on the declaration?
`
`A. Correct.
`
`Q. What was your process for drafting the
`
` declaration?
`
` MR. MROZ: Objection. Privilege. Instruct
`
` not to answer.
`
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` BY MR. COLLER:
`
`Q. Did you personally draft your declaration Mr.
`
` Aldrich?
`
` MR. MROZ: Objection. Privilege. Instruct
`
` not to answer.
`
` BY MR. COLLER:
`
`Q. Do you know who drafted your declaration?
`
` MR. MROZ: Objection. Privilege. Instruct
`
` not to answer.
`
` BY MR. COLLER:
`
`Q. Mr. Aldrich, what role did counsel play in
`
` drafting your declaration?
`
` MR. MROZ: Objection. Privilege. Instruct
`
` not to answer.
`
` BY MR. COLLER:
`
`Q. Mr. Aldrich, how much of the declaration text
`
` would you say you typed personally?
`
` MR. MROZ: Objection. Privilege. Instruct
`
` not to answer.
`
` MR. COLLER: Off the record for a minute.
`
` (Whereupon a discussion was held off the
`
` record from 2:26 p.m. to 2:27 p.m.)
`
` BY MR. COLLER:
`
`Q. So Mr. Aldrich, is it accurate to say that you
`
` worked on the declaration with counsel?
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`A. Yes.
`
`Q. On the last page of your declaration, that is your
`
` signature; correct?
`
`A. Yes. That is my signature.
`
`Q. You signed the declaration on June 7th; is that
`
` correct?
`
`A. Yes.
`
`Q. Let's talk a little bit about your background Mr.
`
` Aldrich. You are currently employed by a company
`
` called
`
`; is that correct?
`
`A. Correct.
`
`Q. You began work at
`
` in the year 2000;
`
` correct?
`
`A. Correct.
`
`Q. What kind of business is
`
`?
`
`A. They are a Caterpillar dealership.
`
`Q. From 1995 to 2000, prior to working for
`
`
`
`, you were employed by a company called
`
` Caterpillar Paving Products; is that correct?
`
`A. Correct.
`
`Q. What kind of business is Caterpillar Paving
`
` Products?
`
`A. They produce paving products for Caterpillar.
`
`Q. When you say for Caterpillar, would that be for
`
` Caterpillar Inc.?
`
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`A. They are a Caterpillar factory that produces
`
` product that is distributed through Cat dealers.
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`Q. I think I understand. So for example -- sorry.
`
` Retract that. Does Caterpillar Paving Products
`
` still exist? Does that business entity still
`
` exist?
`
`A. Yes.
`
`Q. For example, when you worked at either Caterpillar
`
` Paving Products or
`
`, if I'm
`
` understanding this correctly, Caterpillar Paving
`
` Products would produce product, and then perhaps
`
` it could be sold through a
`
`;
`
` is that accurate?
`
`A. Correct, or any Cat dealership.
`
`Q. But for example,
`
`?
`
`A. Correct.
`
`Q. To your knowledge, is Caterpillar Paving Products
`
` a subsidiary of Caterpillar Inc.?
`
`A. Yes.
`
`Q. Is
`
`A. No.
`
` a subsidiary of Caterpillar Inc.?
`
`Q. Is there any linkage, like parent, subsidiary, or
`
` any other relationship, between
`
` and
`
` Caterpillar Paving Products?
`
`A. No.
`
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`Q. Just prior to working at Caterpillar Paving
`
` Products, where did you work?
`
`A. I don't recall.
`
`Q. Was it in the -- was it in a similar industry to
`
`
`
`A. No.
`
` or Caterpillar Paving Products?
`
`Q. Sitting here today, you don't recall what your job
`
` was just prior to Caterpillar Paving Products?
`
`A. I don't recall what job it was, or what field it
`
` was. No.
`
`Q. Were you employed prior to working at Caterpillar
`
` Paving Products in any occupation?
`
`A. Yes.
`
`Q. What occupations were you employed at prior to
`
` work at Caterpillar Paving Products?
`
`A. There were many different ones. I don't recall
`
` which one was which, in what order.
`
`Q. Mr. Aldrich, if you can turn to please turn to
`
` Paragraph 4 of your declaration, and tell me when
`
` you're there please.
`
`A. Number 4. Yes. I'm there.
`
`Q. So there you state, "Before I arrived at
`
`
`
` in 2000,
`
` sold a PM-465 cold planer
`
` to
`
`A. Yes.
`
`." Do you see that?
`
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`Q. So how do you know that
`
` sold a PM-465
`
` cold planer to
`
` before you arrived at
`
`
`
`?
`
`A. Repeat the question once more.
`
`Q. Sure. How do you know that
`
` sold a
`
` PM-465 cold planer to
`
` before you
`
` arrived at
`
`?
`
`A. I knew this having worked at Cat Paving Products.
`
`Q. Could you explain that a little more?
`
` MR. MROZ: Objection. Form.
`
` BY MR. COLLER:
`
`Q. You can answer the question.
`
`A. Repeat it once.
`
`Q. Sure. So I asked you how do you know that
`
`
`
` sold a PM-465 cold planer to
`
`, and
`
` your answer was, "I knew that having worked at Cat
`
` Paving Products." Could you elaborate on that
`
` please?
`
`A. I worked at Cat Paving Products, which is located
`
` in Minnesota, which is where
`
` resides as a company, and utilizes their
`
` machinery, a PM-465, in this territory of
`
` Minnesota. Having seen it run.
`
`Q. How do you know the machine you saw was sold from
`
`
`
` to
`
`?
`
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`Page 23
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`A. Because they can only buy it from the dealer in
`
` their state.
`
`Q. Is there a secondary market for these machines?
`
`A. Yes.
`
`Q. So is it possible that there was no sale directly
`
` from
`
` to
`
`?
`
`A. Repeat that.
`
`Q. I asked you if there was a secondary market for
`
` these machines. Your answer was yes, and then I
`
` asked you: So is it possible that there was no
`
` sale directly from
`
` to
`
`?
`
`A. Repeat once more please.
`
`Q. Sure. I asked you if there's a secondary market
`
` for the machines. Your answer was yes. I then
`
` asked you: So is it possible there was no sale
`
` directly from
`
` to
`
`?
`
`A. I don't know for sure.
`
`Q. You don't know if it's possible?
`
`A. I don't know if it was -- repeat that again.
`
`Q. So the original question was whether it's possible
`
` that there was not a direct sale from
`
` to
`
`, and your answer was that you
`
` didn't know. So I'm asking yes or no: Is it
`
` possible that there was not a direct sale.
`
`A. Yes. It's possible.
`
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`Q. It's possible that there was not a direct sale?
`
`A. Correct.
`
`Q. Thank you. Mr. Aldrich, can you please turn to
`
` Paragraph 5 of your declaration, and let me know
`
` when you're there.
`
`A. Yup. Number 5.
`
`Q. Okay. Thank you. So at the beginning of
`
` Paragraph 5, you state, "During the May 2000 to
`
` March 2003 time frame, I provided technical
`
` service and support for that PM-465 machine." Do
`
` you see that?
`
`A. Yes.
`
`Q. Why did you specify a time frame of May 2000 to
`
` March 2003?
`
`A. That's when I first encountered that machine with
`
` that company.
`
`Q. May 2000 is when you first encountered it?
`
`A. Yes.
`
`Q. And then what happened in March 2003?
`
`A. Repeat your question.
`
`Q. Sure. Let me pose a different question that will
`
` hopefully get to it.
`
` So the first sentence of your declaration,
`
` Paragraph 5, you're talking about a time frame
`
` from May 2000 to March 2003. So I asked you why
`
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`Page 25
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` in your declaration you specified that time frame,
`
` May 2000 to March 2003. You said that May 2000
`
` was when you first started working with the
`
` product. So I understand where the May 2000 comes
`
` from.
`
` My question is: What's the relevance of
`
` March 2003? Why did you mention March 2003 in
`
` this declaration?
`
`A. Just a time frame in between when I first
`
` encountered it and when it -- overall I didn't
`
` visit that machine.
`
`Q. Sorry. I don't know if I understood the answer.
`
` Can you explain again the relevance of March 2003?
`
` MR. MROZ: Objection. Form.
`
` THE WITNESS: So what's your question
`
` again?
`
` BY MR. COLLER:
`
`Q. In that first sentence in Paragraph 5, there's two
`
` dates, at least a month in your combination.
`
` There's May 2000, and there's March 2003.
`
`A. Correct.
`
`Q. Why in your declaration are you referring to March
`
` 2003 and not April 2003 or May 2004? I'm trying
`
` to understand why March 2003 has some significance
`
` that merited you mentioning it in this paragraph.
`
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`A. That's a time frame when I recall being around
`
` that machine.
`
`Q. So you were not around a PM-465 machine after
`
` March 2003; is that correct?
`
`A. I do not recall.
`
`Q. In the process of preparing your declaration or
`
` preparing for this deposition, did you review any
`
` document that refreshed your memory about the
`
` significance of March 2003?
`
`A. No.
`
`Q. Did anyone suggest to you that March 2003 had
`
` special significance, or it was you that decided
`
` that that date had a special significance that
`
` merited mentioning in your declaration?
`
` MR. MROZ: Objection. Privilege. I'll
`
` instruct you not to reveal any privileged
`
` communications.
`
` MR. COLLER: Were you instructing not to
`
` answer entirely or --
`
` MR. MROZ: No. I was instructing him in
`
` his answer not to reveal privileged
`
` communications.
`
` THE WITNESS: Please repeat your question.
`
` MR. COLLER: Sure.
`
` BY MR. COLLER:
`
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`Page 27
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`Q. The question was: Did anyone suggest to you that
`
` March 2003 had special significance, or was it you
`
` that decided that date had a special significance
`
` that merited mentioning in your declaration?
`
` MR. MROZ: Same objection. Privilege.
`
` THE WITNESS: No.
`
` BY MR. COLLER:
`
`Q. So it was an either/or question. Did someone else
`
` suggest it, or was it you that decided March 2003
`
` had significance?
`
` MR. MROZ: Objection. Form.
`
` THE WITNESS: It was my time frame for what
`
` I could recall me being on that machine.
`
` MR. COLLER: Okay.
`
` BY MR. COLLER:
`
`Q. Sitting here today, did anything happen on or
`
` around March 2003 that could be relevant to this
`
` that you could think of?
`
` MR. MROZ: Objection. Form.
`
` THE WITNESS: Nothing I recall.
`
` BY MR. COLLER:
`
`Q. So I want to stick with Paragraph 5 in your
`
` declaration here. I'm moving now to the second
`
` sentence, and I'll read it to you here.
`
` "If someone at
`
` had a
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` question or problem with the PM-465 machine or did
`
` not understand how a feature on that machine
`
` worked, they would often contact me, and we would
`
` discuss the issue." Do you see that?
`
`A. Yes.
`
`Q. So in the sentence I just read in Paragraph 5, you
`
` refer to problems with the PM-465 machine. What
`
` problems with the PM-465 machine did customers
`
` contact you about?
`
`A. A problem understanding how something works.
`
`Q. Other than a problem understanding how something
`
` works, what other problems did customers contact
`
` you about?
`
`A. Repeat that once more.
`
`Q. Sure. So I asked you about the problems you're
`
` referring to in Paragraph 5, problems with the
`
` PM-465 machine that customers contacted you about,
`
` and your answer was "a problem understanding how
`
` something works," and I asked you: Other than a
`
` problem understanding how something works, what
`
` other problems did customers contact you about?
`
` If any.
`
`A. Operation.
`
`Q. Operation of the PM-465?
`
`A. Yes.
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`Q. Can you think of any examples?
`
`A. The operator may not understand how to turn off
`
` the disconnect to shut the power off on the
`
` machine, and I would answer that question.
`
`Q. Can you think of any other problems?
`
`A. It could be general questions related to
`
` operation.
`
`Q. So understanding how something works, general
`
` operation of the machine. Are those generally the
`
` kinds of questions you got from customers?
`
`A. Yes.
`
`Q. So those are generally the kinds of problems you
`
` would have heard about from customers?
`
`A. Yes.
`
`Q. Okay. So how often in that May 2000 to March 2003
`
` time frame would y
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