were on this particular truck. Ferrari also reviewed a Rockwell brake specification drawing for the front brake assembly (Exhibit N) and opined that it and “specified required brake Another Rockwell Lining Lining Mix ‘MMB-62’ ” “Shoe & Assy” (Exhibit O) drawing and specification of “incorporate[d] set[] forth [Rockwell’s] own brake lining suppliers for the brake assemblies listed. The tabulated parts list on this . . . drawing specifie[d] that the brake lining mix identified as is supplied by ‘MMB-62’ Ferrari opined that Exhibits N and that [Rockwell] [Carlisle].” O “together ma[d]e clear specified [Carlisle] brake linings as its original-equipment manufacturer brake linings where there [sic] Linings Mix were required . . . Ferrari then opined that ‘MMB-62’ .” International engineering drawings (Exhibit that the only Q) “plainly specif[ied] Approved Source for [International] service brake linings designated as brake ‘MMB-62’ linings was and required that those linings be marked with the International [Carlisle]” In sum, Ferrari opined that both the OEM brake linings and the “IH” logo. service brake replacement brake “[International] linings” (i.e., International-brand linings) for the front brakes on the 1975 International truck were Carlisle brake linings. Based on similar reasoning and with specific reference to an Exhibit S, Ferrari further opined that Carlisle also was the exclusive supplier of International-brand replacement brake linings for the rear brakes on the 1975 International truck and for brakes on the 1969 and 1971 International trucks. Ferrari cited Exhibits Q and S as evidence that connected Carlisle to the lining mix specifications on the Rockwell drawings (MMB-62 and MM-262-E). However, as Carlisle argues, these exhibits are not drawings of brake linings for the specific International trucks or truck models owned by Bekins. Rather, they are International engineering drawings for different-size brake linings that identify Carlisle as an approved source of International-brand replacement linings using the same lining mix “service” specifications. From these exhibits, Ferrari infers that International-brand all replacement linings with those lining mixes were manufactured by Carlisle. The inference is not self-evident and Ferrari does not support the inference with an explanation grounded in his mechanical engineering expertise. Ferrari also does not
were on this particular truck. Ferrari also reviewed a Rockwell brake specification drawing for the front brake assembly (Exhibit N) and opined that it “specified and required brake Lining Mix ‘MMB-62’ ” Another Rockwell “Shoe & Lining Assy” (Exhibit O) drawing “incorporate[d] and set[] forth [Rockwell’s] own specification of brake lining suppliers for the brake assemblies listed. The tabulated parts list on this . . . drawing specifie[d] that the brake lining mix identified as ‘MMB-62’ is supplied by [Carlisle].” Ferrari opined that Exhibits N and O “together ma[d]e clear that [Rockwell] specified [Carlisle] brake linings as its original-equipment manufacturer brake linings where there [sic] ‘MMB-62’ Linings Mix were required . . . .” Ferrari then opined that International engineering drawings (Exhibit Q) “plainly specif[ied] that the only Approved Source for [International] service brake linings designated as ‘MMB-62’ brake linings was [Carlisle]” and required that those linings be marked with the International “IH” logo. In sum, Ferrari opined that both the OEM brake linings and the “[International] service brake linings” (i.e., International-brand replacement brake linings) for the front brakes on the 1975 International truck were Carlisle brake linings. Based on similar reasoning and with specific reference to an Exhibit S, Ferrari further opined that Carlisle also was the exclusive supplier of International-brand replacement brake linings for the rear brakes on the 1975 International truck and for brakes on the 1969 and 1971 International trucks. Ferrari cited Exhibits Q and S as evidence that connected Carlisle to the lining mix specifications on the Rockwell drawings (MMB-62 and MM-262-E). However, as Carlisle argues, these exhibits are not drawings of brake linings for the specific International trucks or truck models owned by Bekins. Rather, they are International engineering drawings for different-size brake linings that identify Carlisle as an approved source of “service” International-brand replacement linings using the same lining mix specifications. From these exhibits, Ferrari infers that all International-brand replacement linings with those lining mixes were manufactured by Carlisle. The inference is not self-evident and Ferrari does not support the inference with an explanation grounded in his mechanical engineering expertise. Ferrari also does not
A131975.DOCX