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`BEFORE THE PATENT TRLAL AND APPEAL BOARD
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`Cyanotech Corporation
`Petitioner
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`V.
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`The Board of Trustees of the University of Illinois
`Patent Owner
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`Case: IPR2013-0040l
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`Patent: 5,527,533
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`Filed: June 28, 2013
`Administrative Patent Judge Scott E. Kamholz
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`RELATED JUDICIAL OR ADMINSTRATIVE MATTERS
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`Patent Owner, The Board of Trustees of the University of Illinois (“Patent Owner”) identifies the
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`judicial or administrative matters that would affect, or be affected by, a decision in this
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`proceeding as follows:
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`An inter partes review of the '533 patent cannot be instituted because Petitioner
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`Cyanotech Corporation (“Petitioner”) filed a civil action challenging the validity of the '533
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`patent before the date on which the petition for inter partes review was filed. 35 U.S.C. §
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`315(a)(1). Specifically, on June 20, 2012 Petitioner filed a civil action challenging the validity of
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`the ‘533 patent in the United States District Court for the District of Hawaii. Cyanotech
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`Corporation V. U.S. Nutraceuticals, LLC d/b/a Valensa International and The University of
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`Illinois, Civil Action No. 1:12-cv-00352-JMSRLP. Patent Owner will more fully address this
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`issue in its Preliminary Response.
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`Valensa and Patent Owner also filed a lawsuit on June 29, 2012, in the United States
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`District Court for the Middle District of Florida entitled U.S. Nutraceuticals LLC d/b/a Valensa
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`International; and The Board of Trustees of the University of Illinois VS. Cyanotech Corporation,
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`and Nutrex Hawaii Inc., Civil Action No. 5:12-cv-366-oc-10PRL, alleging infringement of the
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`‘5 33 patent by Petitioner and its subsidiary, Nutrex Hawaii, Inc.
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