`
`Petitioner,
`
`VS.
`
`Arctic Cat,
`
`Incorporated,
`
`Patent Owner.
`
`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __x
`
`DEPOSITION OF DARREL JANISCH
`
`Minneapolis, Minnesota
`
`May 25, 2017
`
`9:05 a.m.
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Patent No. 7,420,822
`
`Inter Partes Review No.
`
`IPR2016—01388
`
`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __x
`
`Job No. 50527
`
`Reported by:
`Christine K. Herman, RPR, CRR
`
`
`
`obvious —— at least to me it's obvious that these
`
`are notes based on a sample that I presented,
`
`the
`
`sample being a laser prototype, and sections of the
`
`harness assembly attached to that laser prototype.
`
`But the purpose of this document is preparation for
`
`Arctic Cat submission of patent.
`
`Q
`
`Again, you don't —— Do you know when the
`
`notes were made?
`
`A
`
`No,
`
`I do not.
`
`I know that they ——
`
`Logically you would say that they precede our file
`
`date, but exactly by how many days or weeks or even
`
`months,
`
`I am not sure. Based on laser prototype ——
`
`In this project there was two types of laser
`
`prototypes made, and they're described —— not in
`
`great detail,
`
`I admit, but they are described in the
`
`
`
`exhibits. And Arctic Cat made a LOM prototype, and
`
`Tyco made an STL prototype. And since this is a
`
`sample that I'm showing our legal counsel,
`
`this is
`
`an in—your—hand prototype that —— so that he can
`
`readily understand what the final invention looks
`
`like and has become. And because we're talking
`
`about the LOM prototype,
`
`I think we could get it ——
`
`certainly it's after one of the exhibits. And the
`
`exhibit that I'm referring to states, a creation of
`
`a LOM prototype, a laser—created prototype.
`
`So that
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`
`
`Okay.
`
`—— all of the other ——
`
`I could describe in extreme detail,
`
`Q
`
`A
`
`nauseating detail all of the testing that was done.
`
`Q
`
`Sure. And my general questions are, for
`
`those other tests,
`
`if we can just categorically
`
`discuss them, did it follow the same protocol as the
`
`
`
`heat rise tests that we just discussed, where
`
`Arctic Cat would ask Tyco to conduct a particular
`
`test and then Tyco would conduct that test and then
`
`provide the results to Arctic Cat?
`
`A
`
`Generally speaking, yes. What we did is,
`
`we jointly developed a test protocol, and that,
`
`again,
`
`is referenced in other exhibits.
`
`The first
`
`reference to it, it was at revision 3, and then
`
`there was quite a number of revisions that aren't
`
`necessarily —— how do I say —— documented in
`
`e—mails, all those revisions. But there was
`
`reference to my approval of a revision 8.
`
`The whole point being is is that this test
`
`document evolved almost with the project, with the
`
`product.
`
`Jerry and I would discuss certain needs
`
`that we needed to address with the test protocol.
`
`And there was an individual in North Carolina that
`
`did most of the testing.
`
`Jerry is located in
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`
`
`Canada. He's the tooling designer. But the test
`
`lab —— Tyco test lab is in North Carolina.
`
`Q
`
`A
`
`Q
`
`Did you ever visit the Tyco test lab?
`
`No, sir.
`
`So you weren't personally there overseeing
`
`that we've been discussing?
`
`A
`
`No, sir.
`
`I reviewed the data,
`
`I reviewed
`
`the results. We jointly worked on a result that
`
`didn't meet our expectations, whether it was my
`
`expectation for data or result, or it being some
`
`individual at Tyco,
`
`that it was recognized that it
`
`did not meet expectation. But that was the point.
`
`That was the purpose of all of that testing,
`
`is to
`
`prove that we had a solid design.
`
`Q
`
`So the protocol was,
`
`the testing would
`
`occur in the Tyco testing laboratory in
`
`North Carolina and the results would be provided to
`
`any of the tests that's referred to in these e—mails
`
`
`
`Arctic Cat?
`
`A
`
`Generally, yes. One exception —— and I
`
`don't know if you want to dig into it now, but we ——
`
`based on years of experience and connector usage by
`
`the tens of thousands in our harnesses,
`
`I'm
`
`sensitive to a phenomenon called terminal retention.
`
`And certainly I can explain that to you if you wish.
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`
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