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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`Caterpillar, Inc.
`
`Petitioner
`
`v.
`
`Wirtgen America, Inc.
`
`Patent Owner
`
`
`Patent No. 9,879,390
`
`
`Case No. IPR2022-01264
`
`
`DECLARATION OF MICHAEL B. ALDRICH
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`CATERPILLAR EXHIBIT 1049
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`Page 1 of 4
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`
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`I, Michael B. Aldrich, state and declare as follows:
`1.
`I earned a Bachelor’s Degree from Ray College of
`Design and an Associate’s Degree from Kishwaukee Junior College.
`2.
`From 1995 to 2000, I was employed by Caterpillar
`Paving Products as a Product Analyst.
`3.
`From 2000 to the present day, I have been employed by
` as a Paving Products Support Representative.
`Before I arrived at
` in 2000,
`4.
`sold a PM-465 cold planer to
` which is now known
`as
`
`.
`During the May 2000 to March 2003 timeframe, I
`5.
`provided technical service and support for that PM-465 machine. If
`someone at
` had a 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.
`Sometimes we resolved the issues over the phone and sometimes I
`made in-person visits. The in-person visits often allowed me to
`illustrate certain features, such as the PM-465’s grade and slope
`system, in front of employees at
` while using the
`PM-465 machine.
` bought a PM-465 machine, it
`6.
`Because
`had access to the PM-465 manuals. Some of these manuals, such as
`the Operations and Maintenance manual, were distributed with the
`machine itself. Other Caterpillar PM-465 manuals were not
`
`distributed with the machine but could be obtained from
`7.
`For example, the PM-465 machine had a grade-and-slope
`system that Caterpillar designed in house, not a grade-and-slope
`system made by another company such as Topcon or MOBA.
`Caterpillar issued a manual showing users how to operate this grade-
`and-slope system called the PM-465 Cold Planer Caterpillar Grade &
`Slope Electronic Control System, Systems Operation Testing and
`Adjusting Manual (“SOTA Manual”). This SOTA Manual is dated
`December 1999 and had version number KENR3106-01.
`8.
`As a product analysist, I was stationed with the
` and was aware of all of the products they
`
`made.
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`Page 2 of 4
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`
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`From May 2000 to March 2003, any Caterpillar customer
`9.
` could have obtained the SOTA Manual
`including
` Moreover, members of the public who did not
`from
`purchase a PM-465 machine could also obtain a SOTA Manual from
` from May 2000 to March 2003 at a cost.
`From May 2000 to March 2003, I made visits to and had
`10.
` where I provided technical assistance for
`calls with
` purchased from
`
`the PM-465 machine that
` During this time, I had access to the SOTA Manual and could
`have provided it to
` or to any other Caterpillar
`customer, who requested it. In fact, from May 2000 to March 2003, I
`kept a bound copy of the SOTA Manual in my service truck in case a
`customer wanted to review it, or in case I felt it would be helpful in
`illustrating a particular feature during a service visit. I had a hard
`copy of the SOTA Manual during this time period in my work
`vehicle. I still have this document in my possession and provided a
`copy of it
`
`Page 3 of 4
`
`
`
`1003.
`as Exhibit
`11.Based on my experience in the field at Caterpillar, the
`
`
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`"December 1999" date in the SOTA Manual is its publication
`date.
`12.I declare that all statements made herein of my
`
`
`
`
`
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`knowledge are true and that all statements made on information
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`
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`and belief are believed to be true; and further, that these
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`
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`statements were made with knowledge that willful false
`
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`statements and the like so made are punishable by fine or
`
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`imprisonment, or both, under 18 U.S.C. § 1001.
`
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`13.I declare under penalty of perjury under the laws of the
`
`
`
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`United States of America that the foregoing is true and correct.
`
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`14.In signing this declaration, I understand that the
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`
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`declaration will be filed as evidence in a contested case before
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`the Patent Trial and Appeal Board of the United States Patent
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`
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`and Trademark Office. I acknowledge that I may be subject to
`
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`cross-examination in the case and that cross-examination will
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`
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`take place within the United States. If cross-examination is
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`
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`required of me, I will appear for cross-examination within the
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`
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`United States during the time allotted for crossexamination.
`on this J1 day of July 2022.
`Executed
`
`By:_
`
`
`
`Michael B. Aldrich
`
`Page 4 of 4
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`
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