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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE SOUTHERN DISTRICT OF IOWA
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`EASTERN DIVISION
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` 4 -----------------------------------------------------
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` 5 NUHN INDUSTRIES, LTD.,
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`Plaintiff,
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`-vs- Case No. 3:22-CV-00015-SMR-HCA
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` 8 BAZOOKA FARMSTAR, LLC,
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` 9
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`Defendant.
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` -----------------------------------------------------
`
`* * * * * *
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`VIDEO DEPOSITION OF ANSGAR LONNEMANN
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`TAKEN ON THE 6TH DAY OF SEPTEMBER, 2024
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`AT 9:07 A.M.
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`REMOTELY VIA ZOOM
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`* * * * * *
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`Taken before Shannon Caflisch, RPR
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 1 of 271
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE SOUTHERN DISTRICT OF IOWA
`
`EASTERN DIVISION
`
` 4 -----------------------------------------------------
`
` 5 NUHN INDUSTRIES, LTD.,
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` 6
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` 7
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`Plaintiff,
`
`-vs- Case No. 3:22-CV-00015-SMR-HCA
`
` 8 BAZOOKA FARMSTAR, LLC,
`
` 9
`
`Defendant.
`
` -----------------------------------------------------
`
`* * * * * *
`
`VIDEO DEPOSITION OF ANSGAR LONNEMANN
`
`TAKEN ON THE 6TH DAY OF SEPTEMBER, 2024
`
`AT 9:07 A.M.
`
`REMOTELY VIA ZOOM
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`* * * * * *
`
`Taken before Shannon Caflisch, RPR
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 1 of 271
`
`
`
` APPEARANCES:
`
`Page 2
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` SCOTT YACKEY, of the firm of HARNESS IP, 2801 Network
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`Boulevard, Suite 600, Frisco, Texas 75034, appeared remotely
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`via Zoom representing the Plaintiff.
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` MICHAEL KELLA, of the firm of HARNESS IP, 7700 Bonhomme
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`Street, Suite 400, Clayton, Missouri 63105, appeared remotely
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`via Zoom representing the Plaintiff.
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` TAYLOR R. STEMLER, of the firm of MERCHANT & GOULD,
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`P.C., 150 South Fifth Street, Suite 2200, Minneapolis,
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`Minnesota 55402, appeared remotely via Zoom representing the
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`Defendant.
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` ALSO PRESENT: Dave Young - videographer
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 2 of 271
`
`
`
`INDEX
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`Page 3
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`PAGE
`
`EXAMINATION
`
`Of Ansgar Lonnemann
`
`By Mr. Stemler . . . . . . . . . . . . . . . 7,204
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`By Mr. Yackey . . . . . . . . . . . . . . 122,210
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`OBJECTIONS
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`By Mr. Yackey . . . 12,13,14,16,17,18,19,20,21,22,23,
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`27,30,31,34,39,40,47,50,55,57,58,59,60,61,62,63,64,65,66,
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`67,68,69,70,72,74,75,78,79,80,81,82,83,84,85,87,88,90,91,
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`92,93,94,95,96,97,98,99,100,101,102,103,103,105,106,107,
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`108,109,110,111,112,113,114,119,121,223
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`By Mr. Stemler . . . 122,123,124,125,126,128,129,130,
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`131,132,134,135,137,138,139,140,141,142,143,144,145,146,
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`147,148,150,151,152,153,154,155,160,161,162,163,164,165,167,
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`168,169,170,171,172,173,174,175,176,177,178,179,183,184,187,
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`188,189,190,191,192,193,195,196,197,198,200,201,202,203, 210
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`DEFENDANT'S EXHIBITS
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`Exhibit 33 Declaration of Ansgar Lonnemannn
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`Exhibit 34 IPR brochure
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`Exhibit 35 Product manual
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`Exhibit 36 Parts list
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`www.veritext.com
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`888-391-3376
`
`Veritext Legal Solutions
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`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 3 of 271
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`Page 4
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`Exhibit 37 Hydraulic diagram
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`Exhibit 38 2010-06-18 offer
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`Exhibit 39 Amphi-King photos
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`Exhibit 40 Video
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`PLAINTIFF'S EXHIBITS
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`Exhibit 1 Defendant's Revised Notice of Deposition of
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` Ansgar Lonnemannn
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`Exhibit 2 Translation declaration of Beverly Santamaria
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` * NOTE *
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`(Original exhibits were attached to original transcript;
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`copies to transcript copies.)
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 4 of 271
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`
`
`Page 5
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` VIDEOGRAPHER: Good morning. We're going on
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` the record at 9:07 a.m. on September 6, 2024.
`
` Please note this deposition is being conducted
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` virtually. Quality of recording depends on quality
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` of camera and Internet connection of participants.
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` What is seen from the witness and heard on the
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` screen is what will be recorded. Audio and video
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` recording will continue to take place, unless all
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` parties agree to go off the record.
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` This is Media Unit 1 of the video recorded
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` deposition of Ansgar Lonnemann taken by counsel for
`
` the plaintiffs (sic) in the matter of Nuhn
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` Industries, Limited versus Bazooka Farmstar, LLC
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` filed in the United States District Court, Southern
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` District of Iowa, Eastern Division, Case No.
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` 3:22-CV-00015-SMR-HCA.
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` My name is Dave Young and I'm the
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` videographer. Our court reporter today is Shannon
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` Caf -- Caflisch. We're both representing Veritext
`
` Legal Solutions. I am not related to any party in
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` this action, nor am I financially interested in the
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` outcome.
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` If there are any objections to this
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` proceeding, please state them at the time of your
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` appearance. Will counsel now state their
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`888-391-3376
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`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 5 of 271
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`
`
`Page 6
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` appearances and affiliations for the record,
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` beginning with the noticing attorney?
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` MR. STEMLER: This is Taylor Stemler appearing
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` on behalf of Bazooka Farmstar, LLC.
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` MR. YACKEY: This is Scott Yackey from the law
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` firm of Harness IP on behalf of Plaintiff Nuhn
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` Industries, Limited.
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` VIDEOGRAPHER: And will the court reporter
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` please swear in the interpreter and then the
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` witness and then we can proceed?
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` (Ruth Boggs was sworn to interpret German into
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` English and English into German.)
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` ANSGAR LONNEMANN,
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` after having been first duly sworn on oath by
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` Shannon Caflisch, deposes and testifies as follows:
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` MR. YACKEY: Hey, Taylor, real quick before
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` you get started. I just want to note for the
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` record that Bazooka has agreed to equitably to
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` split the time today. So I expect us to be
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` afforded the three-and-a-half hours to question the
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` witness today. That's per our prior email
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` exchanges.
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` MR. STEMLER: Thanks, Scott. Those prior
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` email exchanges were in reference to a different
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` deposition that was noticed in Europe where we
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 6 of 271
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`
`
`Page 7
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` agreed to use the deposition for the IPRs and the
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` litigation, or at least we were seeking agreement
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` on behalf to use the -- the deposition testimony in
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` both proceedings.
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` This is a different deposition that has been
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` noticed in the United States. However, we do
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` intend to afford plaintiff, you know, ample
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` opportunity to question the witness. And, you
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` know, the general intent to hope to split the time
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` as equitably as possible.
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` Are we otherwise all ready to start?
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` MR. YACKEY: Yes.
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` THE WITNESS: I'm ready to start, yes.
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` EXAMINATION
`
`BY MR. STEMLER:
`
`Q Good morning.
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` (The witness and interpreter are having a
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` conversation in German.)
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` THE WITNESS: Okay. Perfect. Thank you.
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`Q (By Mr. Stemler, continuing) Good morning, Ansgar.
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` Could you please state your full name for the record?
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`A Good morning. I'm -- my name is Ansgar Lonnemann.
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`Q And, Ansgar, have you ever been deposed before? Have
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` you ever done a deposition before?
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`A Never. No. Never. It's the first time. No.
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`888-391-3376
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`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 7 of 271
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`Q Well, thank you for coming and, you know, appearing for
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` this deposition. I -- you know, I understand you just
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` took an oath. Do you understand what that oath means?
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`A Yes.
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`Q Do you understand that that oath has the same force and
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` effect as if you were in a courtroom in front of a judge
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` or a jury?
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`A Yes. I understand, yes.
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`Q During today's deposition, I'll do my best to make my
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` questions clear. If you do not understand me, please go
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` ahead and ask me to rephrase the question or feel free
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` to ask our interpreter that we have on the line here
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` today to translate the question into Germany (sic).
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` Does that make sense?
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`A Yes, that makes sense. I understand, yes.
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`Q Okay. You know, as we -- as I believe you know, it's
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` important for our record that because everything is
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` being written down here today, that you answer audibly
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` with, you know, a yes or no as appropriate, rather than
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` a head shake.
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` Does that make sense?
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`A Yes.
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`Q Okay. Ansgar, is there any reason that you cannot give
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` fair and accurate testimony today?
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`A No. I -- I feel good. I'm -- I'm healthy. Everything
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`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 8 of 271
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` is fine.
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`Q Good.
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` Well, how about we get right into it? And the
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` first document that I'd like to show you today is marked
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` as Defendant's Exhibit 33 in Exhibit Share.
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` I should be sharing it up on the screen right now.
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` Do you see that?
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`A Yes, I can see it, but maybe you can make it look
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` bigger, because --
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`Q Yeah.
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`A Yes, now I can see it.
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`Q Is that better now?
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`A Yes. I can see it, yes.
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`Q Okay. Have you seen this document before?
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`A Yes.
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`Q What is it?
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`A It is my declaration -- declaration. So I made it some
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` months before and I did it in German, and so then they
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` translated it in English and I signed it and, yeah,
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` that's it.
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`Q Do you understand what this declaration says?
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`A Yes. I made this document in German in my -- my main
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` language and then it was translated in English. But I'm
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` familiar -- I know what -- what this document -- what is
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` in this document. I know that, yes.
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`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 9 of 271
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`Q Do you understand the English words that are written in
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`Page 10
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` this document?
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`A I understand these English words, yes.
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`Q As they're written in English?
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`A Maybe there are some words -- some English words what's
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` not clear, but I know what is -- what is inside this
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` declaration, yes.
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`Q Is this your signature --
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`A Yes, that's my signature. Right.
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`Q -- at the end of Page 7 of this declaration?
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`A Yes.
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`Q I'm going to ask you a few questions about the content
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` of your declaration.
`
`A Okay.
`
`Q First, where is it that you are employed, Ansgar?
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`A So at the moment I'm sales manager at Berky, and I've
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` been employed by Berky from November the 1st, 2015 to
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` now.
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`Q Where were you employed before that?
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`A Between February the 1st from 2011 to October 31, 2015,
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` I was employed by Senwatec-Schröer Umwelt
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` Gewassertechnologie, the short form is SenwaTec. And
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` while at SenwaTec, I was personally involved in the
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` design and development and production of SenwaTec's
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` Amphi-King product and also was involved in marketing
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 10 of 271
`
`
`
`Page 11
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` efforts related to this product.
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`Q What has been the purpose of SenwaTec's marketing
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` materials and brochures?
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`A So our proposal for SenwaTec marketing materials and
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` brochures was to generate public interest in these
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` products.
`
` Prior to August 19, 2013, it was SenwaTec's
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` standard business practice to make its marketing
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` materials and brochures publicly accessible, for
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` example, by distributing them to potential customers,
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` distributing them to potential customers, distributing
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` them to trade shows, and to -- to invite customers for
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` demonstrations near our factory.
`
`Q Have you heard of UD Umweltdienste?
`
`A Yes. It was the first customer from -- who bought our
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` Amphi-King. And, yes, it was UD Umweltdienste was --
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` his name was Mr. Funck, and he used Amphi-King for
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` pumping manure and agitating in lagoons for -- yeah.
`
`Q Were SenwaTec's products ever part of any news
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` publication?
`
`A Yes. SenwaTec's amphibious vehicle produce -- product
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` and their associated manure pumping cap -- capabilities
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` were the subject of the new publication prior to
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` August 19, 2013. You can see it in Exhibit A. There
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` was -- SenwaTec appreciated its products being published
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`www.veritext.com
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`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 11 of 271
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`
`
`Page 12
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` in new publications, because they helped to raise
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` awareness from SenwaTec's products.
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`Q Was the Amphi-King ever featured in its customers'
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` advertisements?
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` MR. YACKEY: Objection, lacks foundation.
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`A Sorry. I didn't understand that.
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`Q (By Mr. Stemler, continuing) You can answer it, Ansgar.
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`A Okay. The Amphi-King was also featured in its
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` customers' advertisements, which showcased the
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` amphibious -- amphibious and manure pumping and
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` agitation capabilities of the Amphi-King. You can see
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` it in Exhibit B -- B.
`
`Q What was SenwaTec's practice in terms of providing
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` materials to members of the public?
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`A So it was the standard business to -- practice to
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` provide its marketing materials and brochures to -- to
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` members of the public who were interested in buying or
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` learning more about its -- yeah, you can see it in
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` Exhibit C.
`
`Q And is this the Exhibit C that you're referring to --
`
`A Yes, right.
`
`Q -- which is on Page Bates numbered BAZ15_001325 of your
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` attached to your declaration, right?
`
`A Yes, right.
`
`Q What company produces the Amphi-King currently?
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`www.veritext.com
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`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 12 of 271
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`Page 13
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`A Okay. So SenwaTec, we produced the Amphi-King until
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` 2015; and then Berky bought SenwaTec with all the -- the
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` guys working for -- for SenwaTec and with all drawings,
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` with all products. And at the moment Berky is producing
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` the Amphi-King.
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`Q Are you aware of any competing products to the
`
` Amphi-King?
`
`A Yes. One competing product from the Amphi-King is the
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` Truxor. And, yeah, I know the Truxor -- I saw the
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` Truxor and I know the Truxor, yes.
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`Q How long has the Truxor vehicle been a competing product
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` to the Amphi-King?
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`A It was --
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` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
`Q (By Mr. Stemler, continuing) You may answer, Ansgar.
`
`A So the Truxor was competing with us from -- from the
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` outset, from -- it was before August 2013. It was from
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` 2011 I started at SenwaTec, so it was a competi --
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` competitor.
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`Q Are you aware of any products that the Amphi-King is
`
` similar to?
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`A Yes, the Truxor. The Amphi-King is -- yes, the Truxor
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` is near the same product.
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`Q What are some of the similar things that the Amphi-King
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 13 of 271
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` and the Truxor product have in common?
`
` MR. YACKEY: Objection, lacks foundation,
`
` calls for speculation.
`
` THE INTERPRETER: So they're both amphibious
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` vehicles.
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` THE WITNESS: Right. So you can adopt --
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` attach working tools in front of the -- the -- with
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` the boats.
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`Q (By Mr. Stemler, continuing) Okay. Turning to Exhibit A
`
` that you mentioned before, can you tell me the date of
`
` that document and what it depicts?
`
`A The date was August 25 in 2011. And it was a newspaper
`
` article, and it shows the Amphi-King with some
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` attachments in use.
`
`Q When -- when did that document publish?
`
` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
`A It was in 2011.
`
`Q (By Mr. Stemler, continuing) Was it publicly available
`
` at that time?
`
` MR. YACKEY: Objection, calls for speculation,
`
` lacks foundation.
`
`A Yes. Yes, it was.
`
`Q (By Mr. Stemler, continuing) Did you ever see that
`
` document back when it was published?
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 14 of 271
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`A Yes.
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`Q Can you tell me about that?
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`A Yeah, we make the demonstrations with -- we invite
`
` customers and we give them and we -- we --
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` THE INTERPRETER: We disputed these documents
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` to customers, we did presentations, and also at
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` exhibitions we distributed them.
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`Q (By Mr. Stemler, continuing) Have you seen this document
`
` before, Ansgar?
`
`A Yes, I have seen this document before. Yes.
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`Q Did you see this document back -- back when it
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` published?
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`A Yes.
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`Q Before 2013?
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`A Yes.
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`Q Did anybody show that document to you?
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` THE INTERPRETER: You mean the photograph that
`
` we just saw?
`
`Q (By Mr. Stemler, continuing) Yeah, the newspaper
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` article.
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`A Yes, yes, yes. My -- my boss, Mr. Rainer Schröer,
`
` showed me this picture, yes, yes.
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`Q Was he excited about it?
`
`A No. He was very happy about it, of course.
`
` THE COURT REPORTER: Could I just get you to
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 15 of 271
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`
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` spell your boss's name?
`
` THE WITNESS: My boss was Mr. Rainer Schröer.
`
` THE COURT REPORTER: Could you spell it?
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`Page 16
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` THE INTERPRETER: S-c-h --
`
` S-c-h-r-o-e-d-e-r (sic).
`
` THE WITNESS: Rainer, r-e, yeah.
`
` THE INTERPRETER: First name R-a-i-n-e-r.
`
` THE COURT REPORTER: Thank you.
`
` THE WITNESS: He was the owner from SenwaTec.
`
`Q (By Mr. Stemler, continuing) Ansgar, you mentioned
`
` Exhibit B earlier. I can scroll down and show you
`
` Exhibit B again. But can you describe to me what
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` Exhibit B shows?
`
`A Yes. It is a screenshot of marketing video created by
`
` UD Umweltdienste, so -- that shows the Amphi-King
`
` pumping manure and agitating in a manure lagoon.
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` THE INTERPRETER: Basically it's a slurry
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` and -- that becomes hard and then they use the
`
` Amphi-King to loosen that and to pump it -- make it
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` liquid and pump it.
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` THE WITNESS: Right.
`
`Q (By Mr. Stemler, continuing) When was that document of
`
` Exhibit B created?
`
` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
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`www.veritext.com
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`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 16 of 271
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`A It was in 2012.
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`Q (By Mr. Stemler, continuing) Where was that document
`
` saved back in 2012?
`
` MR. YACKEY: Objection, calls for speculation,
`
` lacks foundation.
`
`A It was at SenwaTec, the company SenwaTec.
`
`Q (By Mr. Stemler, continuing) Where -- where at SenwaTec?
`
`A It was on -- on the computer. On -- my boss did it,
`
` Mr. Rainer Schröer did it.
`
`Q What does the video of Exhibit B show?
`
` MR. YACKEY: Objection, calls for speculation,
`
` lacks foundation.
`
` THE INTERPRETER: Can you show the video?
`
`Q (By Mr. Stemler, continuing) Yeah.
`
`A So that one -- yeah. So that shows the Amphi-King
`
` with -- with six wheels and -- so it goes back in there
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` the lagoon and for work in there for --
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` THE INTERPRETER: In order to --
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` THE WITNESS: Can you scroll to the second
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` picture?
`
` MR. STEMLER: And for the record, I'm
`
` pointing --
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` THE INTERPRETER: Let's break it up --
`
` THE WITNESS: Okay.
`
` THE INTERPRETER: Yep, let's break it up so I
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 17 of 271
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`
`
`Page 18
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` can --
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` MR. STEMLER: Yep.
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` THE WITNESS: Yeah.
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` THE INTERPRETER: -- say everything correctly.
`
` (The interpreter now interpreting the answer.)
`
` THE INTERPRETER: In the first picture you see
`
` the Amphi-King, how it drives into the lagoon and
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` the sludge, the slurry is compact. And then in the
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` second picture, you see how it loosens it and it is
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` made fluid.
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` THE WITNESS: Right.
`
` MR. STEMLER: For the record, that first
`
` picture is on Page BAZ15_0001319. And that second
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` picture is the top picture shown on Page
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` BAZ15_0001320.
`
`Q (By Mr. Stemler, continuing) Ansgar, does that video
`
` truthfully and accurately describe the characteristics
`
` and functionality of the Amphi-King video -- or of the
`
` Amphi-King product?
`
`A Yes.
`
`Q Do you know if that video was publicly accessible?
`
` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
`A Yes, it was. You could see it in the Internet.
`
`Q (By Mr. Stemler, continuing) When?
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`www.veritext.com
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`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 18 of 271
`
`
`
`Page 19
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`A When? It was in 2012.
`
`Q Do you know if UD Umweltdienste distributed the video to
`
` the public?
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` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
` THE INTERPRETER: Yes, the video was provided
`
` by UD Umweltdienste.
`
`Q (By Mr. Stemler, continuing) When was that video shown
`
` by UD Umweltdienste?
`
`A It was --
`
` MR. YACKEY: Objection, vague.
`
`A It was in 2012.
`
`Q (By Mr. Stemler, continuing) All right. Turning to
`
` Exhibit C that you mentioned earlier, Ansgar, can you
`
` describe what Exhibit C is?
`
` THE INTERPRETER: So that's the picture below.
`
` If you keep scrolling a little bit, then I can see
`
` it, too.
`
`A Oh, there. That -- that shows the Amphi-King. This
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` is -- the Amphi-King is a track system. It is the
`
` second one we produced. This one we produce at
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` SenwaTec.
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` And there you can see it in the first picture, I'm
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` the driver from -- from the Amphi-King. I drive it out
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` of the pond. In the second picture, you can see I will
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`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 19 of 271
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`Page 20
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` drive it on the trailer. And in the third picture, you
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` can see I'm working with a dredge pump in front of the
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` Amphi-King in a lagoon.
`
`Q (By Mr. Stemler, continuing) Does Exhibit C truthfully
`
` and accurately describe the characteristics and
`
` capabilities of the Amphi-King?
`
`A Yes, yes. These pictures were made from -- from our
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` company SenwaTec, and this is -- this describes exactly
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` the Amphi-King, yes.
`
`Q Was it typical for SenwaTec to provide copies of the
`
` document of Exhibit C to the public?
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` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
`A Yes, it was. So we had to make advertising, so we were
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` new in the market and we do to -- yeah, to make --
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` THE INTERPRETER: Yes, we had to get some
`
` attention and, you know, we had to, yeah, get
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` attention to our product and had to advertise it.
`
`Q (By Mr. Stemler, continuing) When did it do that?
`
`A We did it when it was finished, so it was in 2000 -- we
`
` started in 2012 and we do develop from -- from the
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` beginning on it.
`
`Q Was it standard business practice to provide materials
`
` like this to the public?
`
`A Yes.
`
`www.veritext.com
`
`Veritext Legal Solutions
`
`888-391-3376
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 20 of 271
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` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
`Q (By Mr. Stemler, continuing) Was Exhibit C ever
`
` distributed at any trade shows?
`
` MR. YACKEY: Objection, lacks foundation,
`
` calls for speculation.
`
`A Yes, we had some --
`
` THE INTERPRETER: No. Go ahead. Sorry.
`
`A So we had -- we had some trade shows, yes. One was in
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` Eisenach and it was in Germany, it was in June 2013.
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` And one we had in Austria. And we had also
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` demonstrations -- a lot of demonstrations near our
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` company, it was in 2012. It was in a small river near
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` our company. And then we had a lot of demonstrations.
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` We invited customers -- interested customers and show
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` the Amphi-King, how it works. And, yeah, that was our
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` advertising.
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`Q (By Mr. Stemler, continuing) You mentioned those trade
`
` shows. Did it -- did it -- did SenwaTec distribute that
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` document of Exhibit C at those trade shows?
`
`A Yes.
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` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
`Q (By Mr. Stemler, continuing) One more time, Ansgar, your
`
` answer.
`
`www.veritext.com
`
`Veritext Legal Solutions
`
`888-391-3376
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 21 of 271
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`A Yes.
`
`Q And can you confirm -- you mentioned a trade show in
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` Eisenach at Germany and in Austria. When did those
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` trade shows take place?
`
`A I don't know the exact date, but it was before 2013. So
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` we produce the first one -- they started in 2010, we
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` finished this in 2000 -- 2011, the first one. The
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` second one in 2012 -- 12 with a track system. So it was
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` before 2013.
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`Q Was -- was that Eisenach trade show in Germany, might
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` that -- that one might have been in 2013 or -- you know,
`
` I think it -- you mentioned to me before that that maybe
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` was in June 2013.
`
`A Yes, it is. This is -- yeah, yeah.
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` THE INTERPRETER: Yes, it's possible. I don't
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` have the exact dates in memory, but it's possible.
`
`Q (By Mr. Stemler, continuing) Was it before August 19th,
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` 2013?
`
`A Yes, it was.
`
`Q Was the document of Exhibit C ever distributed to
`
` potential clients?
`
` MR. YACKEY: Objection, calls for speculation,
`
` lacks foundation.
`
`A Yes.
`
`Q (By Mr. Stemler, continuing) Can you tell me about when
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 22 of 271
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` and where it was given to potential clients?
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`A So it was -- we invited customers and we made
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` demonstration and we -- we gave it to the customers in
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` Haren in at our factory -- near our factory. Five
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` kilometers far from our factory, or in our factory.
`
`Q Was the document of Exhibit C ever distributed to
`
` members of the public?
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` MR. YACKEY: Objection, lacks foundation,
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` calls for speculation.
`
`A Yes, yes, of course.
`
`Q (By Mr. Stemler, continuing) Was the document of
`
` Exhibit C kept in Berky's business records?
`
` MR. YACKEY: Objection, lacks foundation,
`
` calls for speculation.
`
`A Yep.
`
` THE INTERPRETER: Yes.
`
` THE WITNESS: Yes.
`
`Q (By Mr. Stemler, continuing) When was the document of
`
` Exhibit C created?
`
`A It was in 2012.
`
` MR. STEMLER: Great. I think we can take a
`
` quick break here. Maybe we can come back in 10
`
` minutes and go off the record. Sound good?
`
` THE WITNESS: I understand. I understand,
`
` yeah. I understand.
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 23 of 271
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` THE INTERPRETER: Okay.
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` VIDEOGRAPHER: We are going off the record.
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` Time now is 9:39.
`
` (A recess was taken.)
`
` VIDEOGRAPHER: We are back on the record.
`
` Time now is 9:47.
`
`Q (By Mr. Stemler, continuing) Again, Ansgar, I want to
`
` ask you a couple more questions about this declaration
`
` and then we'll move on.
`
` Can you see the declaration that I'm sharing?
`
`A Yeah.
`
`Q Ansgar, can you confirm that -- can you confirm that
`
` you've read this entire document?
`
`A Yep.
`
`Q And --
`
` THE INTERPRETER: Yes.
`
`Q (By Mr. Stemler, continuing) -- do you understand what's
`
` written in it?
`
`A Yep.
`
` THE INTERPRETER: Yes.
`
` THE WITNESS: Yes. Sorry.
`
` (Deposition Exhibit 34 was marked for
`
` identification.)
`
`Q (By Mr. Stemler, continuing) All right. Ansgar, I'd
`
` like to ask you a little more about the Amphi-King in
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 1109
`Bazooka v. Nuhn - IPR2024-00098
`Page 24 of 271
`
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`Page 25
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` particular.
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` Can you explain what versions of the Amphi-King
`
` were available for sale before 2013?
`
`A Yes. We had one version, it was with wheels -- with six
`
` wheels, three on both sides, left side and right side.
`
` And the other version was -- was a track system.
`
` You can see it in the picture.
`
` The one in water is with the wheel system. It was
`
` the first one. And the second one we produced was with
`
` a track system. So that was the main difference between
`
` these both boats.
`
` MR. STEMLER: And to clarify, I'm -- I'm
`
` marking Defendant's Exhibit 34 and showing that
`
` here.
`
`Q (By Mr. Stemler, continuing) Can you explain if there
`
` were any other differences between the track and the
`
` wheeled versions of the product?
`
`A So you can see the -- the wheel system, it was -- we --
`
` we adapted two pontoons, one on each side, the left side
`
` and -- and the right side, because it was not stable in
`
` the water because the wheels, they were not enough
`
` float, not enough --
`
` THE INTERPRETER: Not enough push-up or
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