V E R IT E X T
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`(LEGAL SOLUTIONS
`
`Deposition of:
`
`Michael W. Netka
`
`June 21, 2019
`
`In the Matter of:
`
`Caterpillar Inc. Vs. Wirtgen America,
`Inc.
`
`800.808.4958 | calendar-dmv@veritext.com |
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`Veritext Legal Solutions
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`Page 1 of 77
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`CATERPILLAR EXHIBIT 1055
`
`CATERPILLAR v. WIRTGEN
`IPR2018—01091
`
`Page 1 of 77
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`CATERPILLAR EXHIBIT 1055
`CATERPILLAR v. WIRTGEN
`IPR2018-01091
`
`
`
`(LEGAL SOLUTIONS
`
`Deposition of:
`
`Michael W. Netka
`
`June 21, 2019
`
`In the Matter of:
`
`Caterpillar Inc. Vs. Wirtgen America,
`Inc.
`
`800.808.4958 | calendar-dmv@veritext.com |
`
`Veritext Legal Solutions
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`Page 1 of 77
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`CATERPILLAR EXHIBIT 1055
`
`CATERPILLAR v. WIRTGEN
`IPR2018—01091
`
`Page 1 of 77
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`CATERPILLAR EXHIBIT 1055
`CATERPILLAR v. WIRTGEN
`IPR2018-01091
`
`
`
`CONFIDENTIAL
`
`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`******************************************************
`
` CATERPILLAR, INC.,
`
` Petitioner
`
` v.
`
` WIRTGEN AMERICA, INC.,
`
` Patent Owner
`
` Case IPR2018-01091
`
` Patent 8,308,395
`
`******************************************************
`
` *** CONFIDENTIAL ***
`
` DEPOSITION OF MICHAEL W. NETKA
`
` Minnetonka, Minnesota
`
` Friday, June 21, 2019
`
` 9:00 a.m.
`
`REPORTED BY: Lori Morrow, RMR, CRR, CLR, CBC
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`CONFIDENTIAL
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`Page 2
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` The confidential deposition of Michael W. Netka
`
`was taken on Friday, June 21, 2019, commencing at 9:00
`
`a.m., at the Sheraton Minneapolis West Hotel, 12201
`
`Ridgedale Drive, Minnetonka, Minnesota, before Lori
`
`Morrow, Registered Professional Reporter, Certified
`
`Realtime Reporter, Certified LiveNote Reporter, and
`
`Notary Republic in and for the State of Minnesota.
`
` APPEARANCES:
`
`On Behalf of the Petitioner:
`
` David K. Mroz, Esquire
`
` FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`
` 901 New York Avenue, Northwest
`
` Washington, D.C. 20001-4413
`
` (202) 408-4022
`
` david.mroz@finnegan.com
`
`On Behalf of the Patent Owner:
`
` Richard D. Coller III, Esquire
`
` STERNE KESSLER GOLDSTEIN & FOX
`
` 1100 New York Avenue, Northwest
`
` Suite 600
`
` Washington, D.C. 20005
`
` (202) 371-2600
`
` rcoller@sternekessler.com
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`CONFIDENTIAL
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`INDEX
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`Page 3
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`WITNESS:
`
`Michael W. Netka
`
`EXAMINATION BY:
`
`PAGE:
`
`Mr. Coller................. 5
`
`Mr. Mroz................... 46
`
`INSTRUCTIONS BY:
`
`Mr. Mroz...................14
`
`REQUESTS FOR PRODUCTION: (None)
`
`EXHIBITS: (None)
`
`PREVIOUSLY MARKED EXHIBITS REFERRED TO HEREIN: PAGE:
`
`Caterpillar Exhibit 1016 F&L document........... 35, 56
`
`Caterpillar Exhibit 1017 F&L document........... 35, 56
`
`Caterpillar Exhibit 1018 F&L document........... 35, 56
`
`Caterpillar Exhibit 1019 F&L document........... 35, 56
`
`Caterpillar Exhibit 1020 F&L document........... 35, 56
`
`Caterpillar Exhibit 1021 F&L document........... 35, 56
`
`Caterpillar Exhibit 1022 F&L document........... 35, 56
`
`Caterpillar Exhibit 1023 F&L document........... 35, 56
`
`Caterpillar Exhibit 1024 F&L document........... 35, 56
`
`(EXHIBITS continued on the next page.)
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`CONFIDENTIAL
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`Page 4
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`PREVIOUSLY MARKED EXHIBITS (CONTINUED):
`
`Caterpillar Exhibit 1025 Invoice................ 35, 53
`
`Caterpillar Exhibit 1026 Invoice................ 35, 53
`
`Caterpillar Exhibit 1027 Invoice................ 35, 53
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`Caterpillar Exhibit 1028 Invoice................ 35, 53
`
`Caterpillar Exhibit 1029 Invoice................ 35, 53
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`Caterpillar Exhibit 1030 Invoice................ 35, 53
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`Caterpillar Exhibit 1031 Invoice................ 35, 53
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`Caterpillar Exhibit 1032 Invoice................ 35, 53
`
`Caterpillar Exhibit 1033 Invoice................ 35, 53
`
`Caterpillar Exhibit 1034 Invoice................ 35, 53
`
`Caterpillar Exhibit 1035 Invoice................ 35, 53
`
`Caterpillar Exhibit 1036 Corporate procedure
`
` regarding factory notification
`
` literature and technical information... 32, 46
`
`Caterpillar Exhibit 1037 PM-465 OMM.......... 10, 25, 47
`
`Caterpillar Exhibit 1038 Manual................. 49, 58
`
`Caterpillar Exhibit 1039 PM-465 SOTA manual..... 28, 48
`
`Caterpillar Exhibit 1046 Declaration of
`
` Michael Netka................ 6, 16
`
` **********
`
` (REPORTER'S NOTE: Original exhibits are attached to
`
` the original transcript.)
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`CONFIDENTIAL
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`Page 5
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` MICHAEL W. NETKA,
`
` duly sworn, was examined and testified as follows:
`
` EXAMINATION
`
`BY MR. COLLER:
`
` Q Good morning, Mr. Netka.
`
` A Good morning.
`
` Q Would you please state your full legal name for
`
`the record.
`
` A Michael William Netka.
`
` MR. MROZ: Before we start, should we introduce
`
` ourselves?
`
` MR. COLLER: Yeah, sorry. Richard Coller with
`
` Sterne Kessler on behalf of Wirtgen.
`
` MR. MROZ: And David Mroz from Finnegan on
`
` behalf of Caterpillar.
`
`BY MR. COLLER:
`
` Q So, Mr. Netka, do you understand why you're
`
`here today?
`
` A Yes.
`
` Q Why are you here today?
`
` A I provided some information for Mr. Mroz and
`
`Caterpillar regarding some documentation, and I've been
`
`invited to be deposed here today.
`
` Q Okay. So you understand that you're having
`
`your deposition taken today?
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` A Yes.
`
` Q And the deposition is in connection with the
`
`declaration testimony that you provided in Inter Partes
`
`Review Case Number IPR2018-01091. Is that correct?
`
` A Yeah, if that's what's on that document. I
`
`would like to get a copy of that, too, please.
`
` Q Of your declaration?
`
` A Yeah.
`
` Q Sure.
`
` Okay. Mr. Netka, I'm going to hand you a
`
`confidential version of Caterpillar Exhibit 1046. And do
`
`you recognize the document that I handed you?
`
` A Yes, sir.
`
` Q And what is it?
`
` A It is my declaration that I provided Mr. Mroz.
`
` Q Okay. Mr. Netka, do you understand that the
`
`parties in this case are Caterpillar, Inc. and Wirtgen
`
`America?
`
` A Yes.
`
` Q And do you understand that you're under oath
`
`today?
`
` A Yes.
`
` Q Mr. Netka, have you ever been deposed before?
`
` A Yes.
`
` Q And how many times?
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`A Six or eight different times, I believe,
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`somewhere in there.
`
`Q When was the most recent time?
`
`A I don't remember the exact date, but it would
`
`be somewhere over ten years ago probably.
`
`Q Over ten years ago?
`
`A Yeah.
`
`Q In those six or eight other matters where you
`
`were deposed, did any of them involve either Caterpillar
`
`or Wirtgen?
`
`A No.
`
`Q Did any of those other matters where you were
`
`deposed involve patents?
`
`A No.
`
`Q All right. Mr. Netka, I would like to just go
`
`over some basic grounds rules with you for the deposition
`
`today. Is that all right?
`
`A Okay.
`
`Q As you can see, we have a court reporter here
`
`who will be recording your answers. So you need to try
`
`to speak clearly so that the court reporter 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
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`Page 8
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`that?
`
` A Yes.
`
` Q And it will help the court reporter if we don't
`
`talk over each other. So if you'll please wait to answer
`
`until I finish my question, and I will try to do the same
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`with you. Do you agree to do that?
`
` A Yes.
`
` Q If you don't understand a question, please tell
`
`me. Do you agree to do that?
`
` A Yes.
`
` Q And so your counsel, Mr. Mroz, may object to
`
`questions that I ask from time to time. But unless you
`
`receive a specific instruction not to answer the question
`
`from your counsel, you're going to still have to answer
`
`the question even if there's an objection. Do you
`
`understand that?
`
` A Yes.
`
` Q If at any time today you feel like you need a
`
`break, just let me know, and we can take a break.
`
` A Okay.
`
` Q The only exception is, if I have a question
`
`pending with you, I'm going to need you to answer the
`
`question before we take a break. Do you understand that?
`
` A Yes.
`
` Q Since my cross-examination of you has begun now
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`Page 9
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`until I've completely concluded the cross-examination,
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`you can't confer with your counsel regarding the
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`substance of the testimony that you've already given or
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`that you expect to give today. Do you understand that?
`
` A Yes.
`
` Q So, for example, that means if we take breaks,
`
`you can't confer with Mr. Mroz about the substance of
`
`your testimony. Do you understand that?
`
` A Yes.
`
` Q Okay. Mr. Netka, 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 you can think of that
`
`you can't provide your complete and accurate testimony
`
`today?
`
` A No.
`
` Q All right. Mr. Netka, what did you do to
`
`prepare for today's deposition?
`
` MR. MROZ: I'll caution you not to reveal any
`
` communications with attorneys in your answer.
`
` THE WITNESS: The only thing I did is I met
`
` with Mr. Mroz.
`
`BY MR. COLLER:
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` Q Did you review any documents in preparing for
`
`today's deposition?
`
` A Yes.
`
` Q Which documents did you review?
`
` A I looked at an OMM -- I'm sorry, an owner and
`
`operating manual.
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` Q Which OMM did you look at?
`
` A 465, PM-465.
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` Q I'm going to hand you a copy of Caterpillar
`
`Exhibit 1037. Do you recognize this document?
`
` A Yes.
`
` Q And what is it?
`
` A It's Operation/Maintenance Manual for the 465.
`
` Q When you said that you reviewed an OMM
`
`preparing for today's deposition, is this the document
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`you were talking about?
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` A I didn't review the document. I just looked at
`
`the document cover. I had not seen one of these in some
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`time --
`
` Q Okay.
`
` A -- because I've been retired.
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` Q So when I asked you which documents you
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`reviewed in preparing for today's deposition, you said
`
`you looked at an OMM. I just want to make sure the
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`record is clear. Was it this OMM that you looked at?
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` A That's correct.
`
` Q Okay. Thank you. Did you review any other
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`documents in preparing for today's deposition?
`
` A No.
`
` Q Did you review a copy of your declaration in
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`preparing for your deposition?
`
` A I did three days ago. I just read through it
`
`lightly.
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` Q Did you meet with counsel to prepare for
`
`today's deposition?
`
` A Yes.
`
` Q And who did you meet with?
`
` A Dave Mroz.
`
` Q Did you meet with anyone else besides --
`
` A No.
`
` Q Did you communicate with anyone else besides
`
`counsel to prepare for today's deposition?
`
` A No.
`
` Q Other than the things we've covered and I've
`
`asked you about, did you do anything else to prepare for
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`today's deposition?
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` A No.
`
` Q Mr. Netka, who retained you to work on this
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`matter?
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` A Mr. Mroz contacted me.
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` Q And was it your understanding that he was
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`contacting you on behalf of any party or company?
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` A For Caterpillar.
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` Q Caterpillar. And when you say Caterpillar,
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`what's the full legal name of the entity that you're
`
`referring to?
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` A Caterpillar, Incorporated.
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` Q Are you being compensated for your time spent
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`working on this matter?
`
` A No.
`
` Q And when were you retained to work on this
`
`matter?
`
` A I really don't remember.
`
` Q Do you think it was more or less than a year
`
`ago?
`
` A Less than a year ago.
`
` Q Was it more or less than six months ago?
`
` A Probably less than six months ago.
`
` Q Do you think it was more or less than three
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`months ago?
`
` A I don't remember specifically, but more than
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`likely, it was less than three months ago.
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` Q Do you think it's more or less than one month
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`ago?
`
` A That I can't tell you. I don't remember.
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` Q Do you have a written retention agreement for
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`this engagement?
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` A No.
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` Q And who has been your primary contact at the
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`Finnegan law firm for this matter?
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` A Dave Mroz.
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` Q Is there anyone else at the Finnegan law firm
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`that you've communicated with about this matter?
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` A A gentleman named Abhay Wat -- and I'm having
`
`trouble with the last name.
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` MR. MROZ: I can help. It's Abhay, A-b-h-a-y,
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` Watwe, W-a-t-w-e.
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`BY MR. COLLER:
`
` Q Have you communicated with anyone else at the
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`Finnegan law firm besides the two gentlemen that you
`
`mentioned?
`
` A No.
`
` Q Have you communicated with anyone at
`
`Caterpillar, Inc. about this matter?
`
` A An individual named David Wienhausen [sic].
`
` Q David, and could you please spell his last name
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`as best you can?
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` MR. MROZ: Wiesehan.
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` THE WITNESS: Wiesehan.
`
` MR. MROZ: W-i-e-s-e-h-a-n.
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`BY MR. COLLER:
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` Q And what is Mr. Wiesehan's, if I'm saying that
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`correctly, what is his position at Caterpillar, Inc.?
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` A He's a technical support consultant.
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` Q And how many separate times have you spoken
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`with him since you were retained to work on this matter?
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` A One time.
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` Q And approximately how long did that
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`conversation --
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` MR. MROZ: Objection. Caution you not to
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` reveal any communications between you and
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` Mr. Wiesehan. Instruct you not to answer.
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`BY MR. COLLER:
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` Q So you told me that you spoke to Mr. Wiesehan
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`one time. And then my question was how -- not the
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`substance of the conversation but how long that
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`conversation lasted.
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` MR. MROZ: You can answer that one.
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` THE WITNESS: Ten minutes.
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` MR. MROZ: Can we go off the record for one
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` second?
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` (Off the record.)
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`BY MR. COLLER:
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` Q So, Mr. Netka, other than Mr. Wiesehan, since
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`you were retained in this matter, have you spoken to
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`anyone else at Caterpillar, Inc.?
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` A No.
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` Q Since you were retained to work on this matter,
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`have you communicated with anyone currently at or
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`formerly at Caterpillar Paving Products?
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` A No.
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` Q Since you were retained to work on this matter,
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`have you communicated with anyone currently or formerly
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`at
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` about this matter?
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` A No.
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` Q Have you communicated with an individual named
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`Mr. Michael Aldrich about this matter?
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` A No.
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` Q Do you know Mr. Michael Aldrich?
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` A I worked with him some ten years ago.
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` Q And where were you employed when you were
`
`working with him?
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` A Caterpillar Paving Products.
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` Q And when was the last time that you spoke with
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`Mr. Aldrich?
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` A I don't remember.
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` Q Have you communicated with an individual named
`
`Dr. David Bevly about this matter?
`
` A No.
`
` Q Do you know the name David Bevly?
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`A No.
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`Q So other than the people referenced in my prior
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`questions, have you communicated about this matter with
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`anyone else?
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`A No.
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`Q So, Mr. Netka, earlier I handed you a copy of
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`Caterpillar Exhibit 1046, your declaration. Do you still
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`have that in front of you?
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`A Yes.
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`Q When did you complete that declaration?
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`A Roughly a week ago.
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`Q And in total, how much time did you spend
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`working on the declaration?
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`A Two to three hours.
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`Q And what was your process for preparing the
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`declaration?
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`MR. MROZ: I'll caution you not to reveal any
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`confidential communications or work you did with
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`counsel. You can answer.
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`THE WITNESS: I just reviewed some information
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`that -- I don't know what the document was. That
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`was an opinion or a declaration by a gentleman from
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`work, and I don't remember exactly his name.
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`BY MR. COLLER:
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`Q What else can you tell me about the process of
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`working on your declaration?
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` MR. MROZ: Objection to form.
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` THE WITNESS: I just reviewed the information
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` about what was presented, and I -- based on my
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` experience and my time at Caterpillar, I created
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` this document, provided information regarding that.
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`BY MR. COLLER:
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` Q And you cite several documents in your
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`declaration. Is that correct?
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` A That's correct.
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` Q Did you review all of those documents in the
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`process of preparing your declaration?
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` A Yes, I did.
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` Q Is it accurate to say that you worked on the
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`declaration with counsel?
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` A Yes.
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` Q Mr. Netka, can you please turn to the last page
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`of your declaration, and please let me know when you're
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`there.
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` A Yes.
`
` Q Is that your signature?
`
` A Yes.
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` Q And when did you sign the declaration?
`
` A June 1.
`
` Q Okay. So, Mr. Netka, I would like to talk just
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`a little bit about your background now. Where are you
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`currently employed?
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` A I'm retired.
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` Q And prior to your retirement, where were you
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`last employed?
`
` A Caterpillar Paving Products.
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` Q Okay. Can you turn, please, to paragraph 4 of
`
`your declaration, and let me know when you're there.
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` A Paragraph 4?
`
` Q Paragraph 4.
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` A Okay. Yes.
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` Q In the last sentence of that paragraph, you're
`
`defining Caterpillar in quotes as "shorthand for
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`Caterpillar Paving Products." So unless you or I
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`otherwise qualify it today, I'll assume when you're
`
`talking about Caterpillar you're talking about
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`Caterpillar Paving Products. Is that fair?
`
` A Yes.
`
` Q And you worked at Caterpillar from 1998 through
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`2013. Is that correct?
`
` A It's 1988.
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` Q Oh, sorry. I misspoke. 1988 through 2013?
`
` A That's correct.
`
` Q Thank you. What kind of business is
`
`Caterpillar Paving Products?
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` A It's design and manufacturing of what we call
`
`paving products.
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` Q Is it -- sorry. Strike that.
`
` Is Caterpillar Paving Products a related
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`business entity of Caterpillar, Incorporated?
`
` A Yes.
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` Q Do you know what the relationship is?
`
` A Caterpillar Paving Products is a wholly-owned
`
`subsidiary of Caterpillar.
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` Q Of Caterpillar, Incorporated?
`
` A Yes.
`
` Q All right. Mr. Netka, if you could please turn
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`to paragraph 6 of your declaration, and please let me
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`know when you're there.
`
` A Yes.
`
` Q So in that paragraph, you talk about a process
`
`where F&Ls were used to instruct employees to place
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`certain manuals on machines before they shipped. Is that
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`correct?
`
` A That's correct.
`
` Q And you also talk about a process where an
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`employee would later check machines before they shipped
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`to make sure that the manuals that were supposed to be
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`there were in fact there. Is that correct?
`
` A That's correct.
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` Q And so why did Caterpillar need that second
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`step, that checking step?
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` A There were several processes. There's a final
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`inspection of the machine before it leaves the factory.
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`And one of the key factors about a machine leaving the
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`factory is that it has to have OMM parts put on the
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`machine before it leaves.
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` Q So the F&Ls, the way you describe it, told
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`employees that you put certain manuals on the machine,
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`correct?
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` A It's a type of revision control, and it tells
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`employees what manuals at what revision have to be on the
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`machine.
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` Q And so then my question is, why do you need the
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`second step of having someone check before the machine
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`ships to make sure it's --
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` A It's just part of our final inspection process
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`before shipment.
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` Q At that second stage, that checking step, would
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`anyone ever uncover a missing manual?
`
` A No.
`
` Q Never?
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` A In my experience, I never had that happen.
`
` Q So why did you need the second step?
`
` A Because it was a process control check that is
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`Page 21
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`in place before a machine ships.
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` Q Is it possible that a Caterpillar machine ever
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`shipped without the proper manuals in place?
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` A I don't believe so.
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` Q Does this F&L protocol process apply to all
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`machines that Caterpillar ships?
`
` A That's correct.
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` Q Approximately how many machines does
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`Caterpillar ship in a given year?
`
` A I don't know that number.
`
` Q Do you think it's more or less than a thousand?
`
` A If you could clarify the question. Are you
`
`talking about Paving Products specifically or
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`Caterpillar, Inc.?
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` Q Let's focus on Paving Products first.
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` A I don't know the exact numbers. It depends on
`
`what you're -- because shipments vary from year to year.
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` Q And you don't have a guess as to average number
`
`of shipments of Paving Products per year?
`
` A I don't know.
`
` Q Mr. Netka, can you please turn to paragraph 8
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`of your declaration, and please tell me when you're
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`there.
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` A Yes, I'm there.
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` Q So in the third sentence of that paragraph,
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`it's a few lines down, it starts with "Between 2000 and
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`2013." I'll read it to you. "Between 2000 and 2013, I
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`oversaw the development of service publications, training
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`manuals, and owner's/parts manuals for Caterpillar's Cold
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`Planers, including the PM-465 machines." Do you see that
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`in your declaration?
`
` A Yes.
`
` Q During that 2000 to 2013 time frame, did you
`
`personally draft any of those sorts of manuals?
`
` A No.
`
` Q During that 2000 to 2013 time frame, did you
`
`personally edit any of those sorts of manuals?
`
` A No.
`
` Q During that time frame, were you personally
`
`responsible for maintaining those sorts of manuals at the
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`company?
`
` A My staff was responsible.
`
` Q Were you personally responsible then?
`
` A Yes.
`
` Q So was it you, or was it your staff?
`
` A My staff performed the function, and I was
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`responsible for ensuring that that function was in place.
`
` Q And which function did your staff perform?
`
` A They provided assistance in developing,
`
`editing, constructing service manuals.
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` Q And maintaining them?
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` A That's correct.
`
` Q So still in paragraph 8 but a few sentences
`
`down, it's about three lines from the bottom, it says --
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`starts with "Although," and it says, "I was no longer
`
`involved in the day-to-day activities of the quality
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`control group." Do you see that?
`
` A Yes.
`
` Q So in the 2000 to 2013 period, you were not
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`personally placing manuals on machines before they
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`shipped. Is that correct?
`
` A That's correct.
`
` Q And in the 2000 to 2013 period, you were not
`
`personally checking machines before they shipped to make
`
`sure that manuals were supposed to be there, were you?
`
` A Occasionally, we would conduct an audit to
`
`ensure some of those processes were in place.
`
` Q And when you say we would conduct an audit, who
`
`are you referring to?
`
` A Myself and my staff would.
`
` Q So in that 2000 to 2013 time period, did you
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`ever personally check a machine before it was shipped to
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`make sure that the manuals that were supposed to be there
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`were in fact there?
`
` A Yes.
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` Q Approximately how many times?
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` A I can't tell you that number. Early on in the
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`2000 time frame, it would have been four or five times a
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`year.
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` Q Mr. Netka, if you can please now go down to
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`paragraph 9 of your declaration, and please tell me when
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`you're there.
`
` A Paragraph 9, I'm there.
`
` Q Okay. Starting at the beginning of that
`
`paragraph, it says, "During my employment at Caterpillar,
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`I have personally delivered numerous Caterpillar
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`machines, including PM-465 Cold Planers, to Caterpillar
`
`dealers throughout the United States." Do you see that?
`
` A Yes.
`
` Q Did you personally deliver any PM-465 Cold
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`Planers between 2000 and 2003?
`
` A I can't tell you exactly when I stopped doing
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`deliveries, but it would have been -- it's possible that
`
`I did some in 2000.
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` Q Is it possible that you did not do any in 2000?
`
` A No. I can't -- I can't give you a specific
`
`date. I don't recall exactly when I transitioned fully
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`out from my previous position.
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` Q So in the year 2000, it's possible that you did
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`personally deliver PM-465 Cold Planers, or it is
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`impossible?
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` A It's possible.
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` Q Is it also possible, though, that you did not
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`deliver any?
`
` A I don't remember.
`
` Q Okay. If you can please turn to paragraph 11
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`of your declaration, and please tell me when you're
`
`there.
`
` A What paragraph is that?
`
` Q Eleven.
`
` A Thank you.
`
` Q And let me know when you're there.
`
` A Yeah, I'm there.
`
` Q Okay. So in that paragraph, you refer to a
`
`PM-465 OMM --
`
` A Uh-huh.
`
` Q -- which you note is Exhibit 1037 in this
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`proceeding. Do you see that? It's about halfway down
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`the paragraph.
`
` A Yes.
`
` Q Okay. Right. So I -- earlier today I handed
`
`you a copy of that Exhibit 1037, PM-465 OMM. Do you
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`still have that in front of you?
`
` A Yes.
`
` Q So is that the document you're referring to in
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`paragraph 11 when you talk about a PM-465 OMM?
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` A That's correct.
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` Q So I believe earlier I had asked you if you had
`
`reviewed the PM-465 OMM in preparing your declaration,
`
`and I believe your answer was that you had at least
`
`looked at it -- sorry. Retract that.
`
` Did you review the PM-465 OMM document in
`
`preparing your declaration?
`
` A I briefly looked at it since we looked at the
`
`cover.
`
` Q Okay. And who did you receive it from?
`
` A This document was brought forward by Dave
`
`Wiesehan.
`
` Q And he was the Caterpillar, Inc. employee that
`
`you referred to earlier. Is that correct?
`
` A That's correct.
`
` Q Did you receive a physical paper copy of this
`
`like that? Did you receive an electronic copy like a
`
`PDF? How did you actually receive it?
`
` A I believe I had a PDF.
`
` Q Okay. And that was sent to you by
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`Mr. Wiesehan?
`
` A I think it was sent through -- it came through
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`Dave Mroz and his organization.
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` Q Through the Finnegan law firm?
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` A Pardon me?
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` Q Through the Finnegan law firm?
`
` A That's correct.
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` Q Mr. Netka, when you were employed at
`
`Caterpillar, did you personally draft the PM-465 OMM?
`
` A No.
`
` Q Were you personally responsible for maintaining
`
`the PM-465 OMM in the 2000 to 2003 time period?
`
` A As the supervisor of the group that supports
`
`that; I managed that group.
`
` Q So there were employees that you were
`
`supervising who were maintaining the document?
`
` A Uh-huh, yes.
`
` Q So at the end of paragraph 11, it's the last
`
`three lines, I guess, it says, "From 2000 to 2003, the
`
`PM-465 OMM would have been placed in the console of every
`
`PM-465 shipped from our Minnesota manufacturing
`
`facility." Do you see that?
`
` A That's correct.
`
` Q To clarify, in 2000 to 2003, you weren't
`
`personally placing PM-465 OMM manuals on PM-465 machines,
`
`were you?
`
` A No.
`
` Q And at that same time period, you weren't
`
`personally checking to make sure that PM-465 OMM manuals
`
`Veritext
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