`571-272-7822
`
`
`
` Paper 21
`
`Entered: February 3, 2014
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AKER MARINE AS
`Petitioner
`
`v.
`
`NEPTUNE TECHNOLOGIES
`AND BIORESOURCES, INC.
`Patent Owner
`
`
`
`____________
`
`Case IPR2014-00003
`Patent 8,278,351 B2
`____________
`
`Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Motion to Limit Petition
`37 C.F.R. § 42.71
`
`
`
`
`
`
`
`
`
`Case IPR2014-00003
`Patent 8,278,351 B2
`
`
`On January 30, 2014, the parties filed a motion (Paper 18) to limit the claims
`
`challenged in this proceeding, pursuant to a settlement agreement. Id. at 2. The
`
`Petition presents challenges as to claims 1-94 of the ’351 patent (Paper 6 at 3), and
`
`the motion limits the challenged claims to claims 1, 2, 3, 4, 5, 6, 9, 12, 13, 19, 20,
`
`21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 35, 36, 42, 43, 44, 45 and 46, removing
`
`claims 7, 8, 10, 11, 14–18, 30, 31, 33, 34, 37–41, and 47–94 from the proceeding
`
`(Paper 18 at 2).
`
`As noted by the parties in the motion, this proceeding is still in its
`
`preliminary stages, and a decision has not been made yet whether to institute trial.
`
`Id. at 4. In addition, limiting the proceeding facilitates the Board’s goal of
`
`resolving these inter partes reviews in a just, speedy and inexpensive manner. 37
`
`C.F.R. § 42.1(b).
`
`Accordingly, it is:
`
`ORDERED, that the parties Motion to Limit is GRANTED; and
`
`FURTHER ORDERED, that the Petition in this proceeding is limited to
`
`claims 1, 2, 3, 4, 5, 6, 9, 12, 13, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 35,
`
`36, 42, 43, 44, 45 and 46.
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2014-00003
`Patent 8,278,351 B2
`
`PETITIONER:
`
`J. Mitchell Jones
`Casimir Jones SC
`jmjones@casimirjones.com
`
`Amanda Hollis
`Kirkland & Ellis
`amanda.hollis@kirkland.com
`
`PATENT OWNER:
`
`Stephen L. Altieri
`Cooley LLP
`saltieri@cooley.com
`
`J. Dean Farmer
`Cooley LLP
`dfarmer@cooley.com
`
`
`
`
`
`
`3
`
`
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