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`Filed on behalf of: GEP Power Products, Inc.
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`By: Michael T. Griggs, Eric J. Lalor, Sarah M. Wong
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`BOYLE FREDRICKSON, S.C.
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`840 North Plankinton Avenue
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`Milwaukee, Wisconsin 53203
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`414-225-9755
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`mtg@boylefred.com, ejl@boylefred.com,
`smw@boylefred.com
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`Paper No.____
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`-------------------------
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`-------------------------
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`GEP Power Products, Inc.
`Petitioner
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`v.
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`Arctic Cat Inc.
`Patent Owner
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`-------------------------
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`Case IPR2016-01385
`Patent 7,072,188
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`-------------------------
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`PETITIONER’S OBJECTIONS TO EVIDENCE
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`{01084547.DOCX / }
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`Pursuant to 37 C.F.R. 42.64(b)(1), Petitioner hereby submits the following
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`objections to the evidence submitted in support of Patent Owner’s Response.
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`Emails from Janisch (Ex. 2004, 2005, 2006, 2013, 2016, 2017, 2019, 2020, 2021,
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`2024, 2029, 2033)
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`1. Petitioner objects to Ex. 2004, 2005, 2006, 2013, 2016, 2017, 2019, 2020,
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`2021, 2024, 2029, 2033 for authenticity and hearsay. Authentication (FRE
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`901, 902) including insofar as the Exhibit provides insufficient evidence to
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`support a finding that the Exhibit is what is claimed. Hearsay (FRE 801,
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`802) including insofar as the Exhibit contains out of court statements offered
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`to prove the truth of the matter asserted.
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`Janisch email threads (Ex. 2007, 2025, 2031)
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`2. Petitioner objects to Ex. 2007, 2025, 2031 for authenticity and hearsay.
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`Authentication (FRE 901, 902) including insofar as the Exhibit provides
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`insufficient evidence to support a finding that the Exhibit is what is claimed.
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`Hearsay (FRE 801, 802) including insofar as the Exhibit contains out of
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`court statements offered to prove the truth of the matter asserted.
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`Quotes to Janisch (Ex. 2008, 2009)
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`3. Petitioner objects to Ex. 2008, 2009 for authenticity and hearsay.
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`Authentication (FRE 901, 902) including insofar as the Exhibit provides
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`insufficient evidence to support a finding that the Exhibit is what is claimed.
`{01084547.DOCX / }
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`Hearsay (FRE 801, 802) including insofar as the Exhibit contains out of
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`court statements offered to prove the truth of the matter asserted.
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`PDM Drawings (Ex. 2010, 2011, 2014)
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`4. Petitioner objects to Ex. 2010, 2011, 2014 for authenticity and hearsay.
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`Authentication (FRE 901, 902) including insofar as the Exhibit provides
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`insufficient evidence to support a finding that the Exhibit is what is claimed.
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`Hearsay (FRE 801, 802) including insofar as the Exhibit contains out of
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`court statements offered to prove the truth of the matter asserted.
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`Inventor Notes (Ex. 2012)
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`5. Petitioner objects to Ex. 2012 for authenticity and hearsay. Authentication
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`(FRE 901, 902) including insofar as the Exhibit provides insufficient
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`evidence to support a finding that the Exhibit is what is claimed. Hearsay
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`(FRE 801, 802) including insofar as the Exhibit contains out of court
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`statements offered to prove the truth of the matter asserted.
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`Emails from Tyco (Ex. 2015, 2018, 2022, 2023, 2026, 2027)
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`6. Petitioner objects to Ex. 2015, 2018, 2022, 2023, 2026, 2027 for authenticity
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`and hearsay. Authentication (FRE 901, 902) including insofar as the Exhibit
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`provides insufficient evidence to support a finding that the Exhibit is what is
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`claimed. Hearsay (FRE 801, 802) including insofar as the Exhibit contains
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`out of court statements offered to prove the truth of the matter asserted.
`{01084547.DOCX / }
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`Email from Boyd (Ex. 2028)
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`7. Petitioner objects to Ex. 2028 for authenticity and hearsay. Authentication
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`(FRE 901, 902) including insofar as the Exhibit provides insufficient
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`evidence to support a finding that the Exhibit is what is claimed. Hearsay
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`(FRE 801, 802) including insofar as the Exhibit contains out of court
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`statements offered to prove the truth of the matter asserted.
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`Arctic Cat email threads (Ex. 2030, 2032)
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`8. Petitioner objects to Ex. 2030, 2032 for authenticity and hearsay.
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`Authentication (FRE 901, 902) including insofar as the Exhibit provides
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`insufficient evidence to support a finding that the Exhibit is what is claimed.
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`Hearsay (FRE 801, 802) including insofar as the Exhibit contains out of
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`court statements offered to prove the truth of the matter asserted.
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`Date: April 7, 2017
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`{01084547.DOCX / }
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`Respectfully submitted,
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`/Michael T. Griggs/
`Michael T. Griggs
`Eric J. Lalor
`Sarah M. Wong
`Boyle Fredrickson, S.C.
`840 N. Plankinton Ave.
`Milwaukee, Wisconsin 53203
`Telephone: 414-225-9755
`Facsimile: 414-225-9753
`Attorneys for Petitioner
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 7, 2017, I served the foregoing document via
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`email on the people listed below:
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`
`Counsel for Arctic Cat. Inc.:
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`Jason S. Jackson
`Kutak Rock LLP
`1650 Farnam St.
`The Omaha Building
`Omaha, NE 68102
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`Niall A. MacLeod
`Kutak Rock LLP
`60 South Sixth Street
`Suite 3400
`Minneapolis, MN 55402
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`
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`/Michael T. Griggs/
`Michael T. Griggs
`Eric J. Lalor
`Sarah M. Wong
`Boyle Fredrickson, S.C.
`840 N. Plankinton Ave.
`Milwaukee, Wisconsin 53203
`Telephone: 414-225-9755
`Facsimile: 414-225-9753
`Attorneys for Petitioner GEP Power Products, Inc.
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`{01084547.DOCX / }
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