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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`GEP Power Products, Inc.
`Petitioner
`
`v.
`
`Arctic Cat Inc.
`Patent Owner
`
`
`Patent No. 7,072,188
`Inter Partes Review No. 2016-01385
`
`
`OBJECTIONS TO
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(2), Patent Owner hereby timely provides
`
`supplemental evidence in response to
`
`.
`
`
`
`
`
`Dated: April 21, 2017
`
`
`
` Respectfully submitted,
`
`By: __ /Jason S. Jackson/_____
`Jason S. Jackson
`Reg. No. 56,733
`Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby
`
`Response was served on April 21, 2017 via e-mail to counsel for Petitioners at the
`
`following:
`
`Michael Griggs
`mtg@boylefred.com
`Eric Lalor
`ejl@boylefred.com
`Sarah Wong
`smw@boylefred.com
`Boyle Fredrickson
`840 North Plankinton Ave.
`Milwaukee, WI 53203
`
`
`
`
`Dated: April 21, 2017
`
`
`
`
`
`
`
`3
`
`/Jason S. Jackson/
`Jason S. Jackson
`Reg. No. 56733
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`GEP Power Products, Inc.
`Petitioner
`
`v.
`
`Arctic Cat Inc.
`Patent Owner
`
`
`Patent No. 7,072,188
`Inter Partes Review No. 2016-01385
`
`
`SECOND DECLARATION OF DARREL JANISCH
`
`1
`
`
`IPR2016-01385
`Arctic Cat
`Exhibit 2036
`
`
`
`I, Darrel Janisch, declare as follows:
`
`1.
`
`I have personal knowledge of the matters set forth herein, and if I am called
`
`to testify, I could testify competently thereto.
`
` Exhibit 2004 is a true and correct copy of an email that I
`
`sent to Ken Boyd and others
`
`2001 regarding the
`
`.
`
`on May 30,
`
`I designed at Arctic
`
`2005 is a true and correct copy of an email that I
`
`sent to Ken Boyd and others on June 29, 2001 regarding my PDM design.
`
`6 is a true and correct copy of an email that I
`
`sent to Ken Boyd and others on June 29, 2001 regarding my PDM design.
`
`initiated on August 20, 2001 regarding my PDM design.
`
`from Tyco dated October 10, 2001 reflecting my PDM design.
`
`from Tyco dated October 17, 2001 reflecting my PDM design.
`
`Tyco I reviewed dated January 16, 2002 showing my PDM design.
`
`2
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`
`
`
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`
`
`Tyco I reviewed dated February 6, 2002 showing my PDM design.
`
`my PDM design that existed at least as early as April 1, 2002.
`
`sent to employees of Tyco and others on April 1, 2002 regarding my PDM
`
`design.
`
`Tyco I reviewed dated April 2, 2002 showing my PDM design.
`
`5 is a true and correct copy of an email that I
`
`received from an employee of Tyco on April 29, 2002 regarding my PDM
`
`design.
`
`sent to employees of Tyco on June 29, 2001 regarding my PDM design.
`
`sent to employees of Arctic Cat on May 17, 2002 regarding my PDM design.
`
`received from an employee of Tyco on May 21, 2002 regarding my PDM
`
`design.
`
`3
`
`
`
`participated in regarding my PDM design.
`
`t copy of an email thread I
`
`sent to employees of Tyco on June 26, 2002 regarding my PDM design.
`
`sent to employees of Tyco on August 16, 2002 regarding my PDM design.
`
`rect copy of an email that I
`
`received from Tyco dated October 18, 2002 reflecting my PDM design.
`
`Exhibit 2023 is a true and correct copy of an email that I
`
`received from an employee of Tyco on October 28, 2002 regarding my PDM
`
`design.
`
`sent to employees of Tyco on November 04, 2002 regarding my PDM
`
`design.
`
`I
`
`participated in regarding my PDM design.
`
`received from an employee of Tyco on January 27, 2003 regarding my PDM
`
`design.
`
`4
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`
`
`
`
`25.
`
`26.
`
`27.
`
`28.
`
`29.
`
`30.
`
`31.
`
`received from an employee of Tyco on January 30, 2003 regarding my PDM
`
`design.
`
`email that I
`
`received from Ken Boyd on March 12, 2003 regarding my PDM design.
`
`sent to employees of Tyco on March 26, 2003 regarding my PDM design.
`
`rue and correct copy of an email thread
`
`that I participated in regarding my PDM design.
`
`that I participated in regarding my PDM design.
`
`Cat and Tyco that is consistent with my understanding of discussions
`
`ail thread between Arctic
`
`
`
`sent on September 25, 2001 regarding my PDM design.
`
`32.
`
`I declare that all statements made herein of my own knowledge are true, that
`
`all statements made on information and belief are believed to be true, and
`
`further that these statements were made with the knowledge that willful false
`
`
`
`5
`
`
`
`statements and the like so made are punishable by fine or imprisonment, or
`
`both, under Section 1001 or Title 18 of the United States Code.
`
`By Darrel Janisch:
`
`'5
`_
`1‘ : Harm-W...)
`
`Date: 52112 '6 E13 £0! 2
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing Second
`
`Declaration of Darrel Janisch was served on April 21, 2017 via e-mail to counsel
`
`for Petitioners at the following:
`
`Michael Griggs
`mtg@boylefred.com
`Eric Lalor
`ejl@boylefred.com
`Sarah Wong
`smw@boylefred.com
`Boyle Fredrickson
`840 North Plankinton Ave.
`Milwaukee, WI 53203
`
`
`
`
`Dated: April 21, 2017
`
`
`
`
`
`
`/Jason S. Jackson/
`Jason S. Jackson
`Reg. No. 56733
`Attorney for Patent Owner
`
`
`
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