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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`----------------------------x
`
`AKER BIOMARINE AND : Inter Partes
`
`ENZYMOTEC, LTD., : Review Nos.
`
` Petitioners, : IPR 2014-00003
`
` v. : IPR 2014-00556
`
`NEPTUNE TECHNOLOGIES AND : IPR 2014-00636
`
`BIORESSOURCES, INC., :
`
` Patent Owner :
`
`----------------------------x
`
` Telephonic Judges' Conference Before
`
`The Honorable Lora M. Green, The Honorable Jacqueline
`
`Wright Bonilla, and The Honorable Sheridan K. Snedden
`
` Bensalem, Pennsylvania
`
` Tuesday, May 13, 2014
`
` 9:30 a.m.
`
`Job No.: 58657
`
`Pages: 1 - 15
`
`Reported by: Cynthia A. Whyte
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`

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`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON TUESDAY, MAY 13, 2014
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` Telephonic Judges' Conference with the Patent
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`Trial and Appeal Board.
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`2
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` Pursuant to Agreement, before Cynthia A. Whyte, a
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`Registered Professional Reporter and Notary Public of
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`the Commonwealth of Pennsylvania.
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`TELEPHONIC JUDGES' CONFERENCE
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` A P P E A R A N C E S
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` ON BEHALF OF PETITIONER AKER BIOMARINE:
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`3
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` AMANDA HOLLIS, ESQUIRE
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` KIRKLAND & ELLIS LLP
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` 300 North LaSalle
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` Chicago, Illinois 60654
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` (312) 862-2000
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` (Present via telephone)
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` ON BEHALF OF PETITIONER AKER BIOMARINE:
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` J. MITCHELL JONES, J.D., PH.D.
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` CASIMIR JONES, SC
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` 2275 Deming Way
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` Suite 310
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` Middleton, Wisconsin 53562
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` (608) 662-1277
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` (Present via telephone)
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`TELEPHONIC JUDGES' CONFERENCE
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` A P P E A R A N C E S C O N T I N U E D
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` ON BEHALF OF PATENT OWNER NEPTUNE TECHNOLOGIES
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`4
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` AND BIORESSOURCES, INC.:
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` STEPHEN L. ALTIERI, ESQUIRE
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` COOLEY LLP
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` 500 Boylston Street
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` 14th Floor
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` Boston, Massachusetts 02116
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` (617) 937-2300
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` (Present via telephone)
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` ON BEHALF OF PATENT OWNER NEPTUNE TECHNOLOGIES
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` AND BIORESSOURCES, INC.:
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` LAURA CUNNINGHAM, ESQUIRE
`
` COOLEY LLP
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` One Freedom Square
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` Reston Town Center
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` 11951 Freedom Drive
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` Reston, Virginia 20190
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` (703) 456-8119
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` (Present via telephone)
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`TELEPHONIC JUDGES' CONFERENCE
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` C O N T E N T S
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`INTER PARTES REVIEW NOS. PAGE
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`IPR 2014-00003, IPR 2014-00556,
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`AND IPR 2014-00636
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` Proceedings 6
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` E X H I B I T S
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` (None marked)
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` P R O C E E D I N G S
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` JUDGE GREEN: This is Judge Green. I also
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`have on the line Judges Bonilla and Snedden.
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` I would like to start with a roll call.
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`Who do I have for petitioner?
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` MS. HOLLIS: Amanda Hollis and Mitch Jones,
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`Your Honor.
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` JUDGE GREEN: Thank you.
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` And who do I have for patent owner?
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` MR. ALTIERI: Steve Altieri, Your Honor.
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`Laura Cunningham is going to join momentarily.
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` MS. CUNNINGHAM: I'm here.
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` JUDGE GREEN: And do we have a court
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`reporter on the line?
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` THE COURT REPORTER: Yes, Your Honor.
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`Cindy Whyte.
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` JUDGE GREEN: I will assume whichever party
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`is sponsoring the court reporter will send in the
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`transcript in due course as an exhibit.
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` MR. ALTIERI: This is the patent owner. We
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`are sponsoring the court reporter, and we will do so.
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` JUDGE GREEN: Thank you.
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` It is my understanding that petitioner
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`requested the call to discuss the issue that some
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`declarants may need a translator and also to designate
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`Ms. Hollis as lead counsel. Why don't we go backwards
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`and discuss designating Ms. Hollis as lead counsel.
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` Petitioner, would you like to start?
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` MS. HOLLIS: Yes, Your Honor. This is
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`Amanda Hollis.
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` When the petition was originally filed, it
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`was filed with Mitch Jones designated as lead counsel
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`and with me designated as backup counsel.
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` Things in the organization have changed and
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`the client has requested that we switch that. I'm not
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`sure if there is going to be any opposition to it, but
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`that's all we are requesting, is that I be designated
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`as lead and Mitch be designated as backup for now.
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` JUDGE GREEN: Okay. Patent owner, would
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`you have any issues with that?
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` MR. ALTIERI: No, we have no issues with
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`that.
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` JUDGE GREEN: Okay. So nobody is trying to
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`withdraw --
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` MS. HOLLIS: Correct.
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` JUDGE GREEN: -- at this point?
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` At this point all I think you need to do is
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`refile your mandatory notices just showing that new
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`8
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`designation.
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` MS. HOLLIS: Okay.
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` JUDGE GREEN: And, as I recall, Ms. Hollis
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`is a registered practitioner, so we have no issues
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`there?
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` MS. HOLLIS: Right.
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` MR. JONES: Correct, yeah.
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` JUDGE GREEN: That was fairly
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`straightforward.
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` Next you want to discuss the need for a
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`translator in a deposition?
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` MS. HOLLIS: Yes, Your Honor. We have
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`three declarants that are Norwegian, Ivar Storro,
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`Bjorn Haugsgjerd and Thomas Gundersen, and each of
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`their depositions have been requested, so under the
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`rule we are notifying you and we have already notified
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`the other side that they will need Norwegian
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`translators.
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` JUDGE GREEN: Okay. Now, are those going
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`to all take place in the United States?
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` MS. HOLLIS: Yes, they are, Your Honor.
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` JUDGE GREEN: That makes things much
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`simpler. I would like to point parties' attention to
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`IPR 2012-00022. That's the Ariosa case, and it's
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`Paper 55. I also have down here Paper 67, but I think
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`Paper 67 deals more with if you are going outside the
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`country for deposition, but Paper 55 I think sets
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`forth the rules of what we expect if you have a
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`translator in a deposition.
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` MS. HOLLIS: Thank you, Your Honor. We
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`will take a look at that.
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` JUDGE GREEN: If you have any questions,
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`please feel free to give me a call back, and we can
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`discuss it then, but the rules will provide for how
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`the deposition will take place and leave the counsel
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`for both parties some latitude. So if both counsel
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`think there is going to be some extra time needed
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`because of the translator, work all of that out
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`beforehand.
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` MR. ALTIERI: Okay. Thank you.
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` JUDGE GREEN: And if you know how it is
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`going to go before the deposition, the deposition
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`tends to go a little bit more smoothly rather than
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`giving us a call.
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` Now, if something does come up that is an
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`issue, feel free to give the Board a call. You may
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`not necessarily get me, but hopefully you will find
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`some Judge at the Board who can answer your question.
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`It's much better to ask at the time than to wait two
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`or three days later when there is not much that can be
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`done about it.
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` MR. ALTIERI: Okay.
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` JUDGE GREEN: Petitioner, anything further
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`on that?
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` MS. HOLLIS: Not on that, Your Honor.
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` JUDGE GREEN: Patent owner, are you okay
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`with that?
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` MR. ALTIERI: Yes. This is Steve Altieri
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`again. We are fine with that, Your Honor.
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` Could you spare a moment for a quick
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`question, clarification?
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` We have been looking through the Trial
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`Guide, and we were wondering if you could clarify who
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`pays for such translation in this proceeding. We know
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`how it usually works in litigation, but we were
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`wondering how it works in IPR.
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` JUDGE GREEN: Usually each party will pay
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`for their own translator unless there is some kind of
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`agreement otherwise, and I don't think that the rules
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`specifically spell that out, but usually each party
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`has their own translator and usually each party wants
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`to pick their own translator, so I think at this
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`point, unless there is a real reason that you think
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`that the other side should pay for it, I'm comfortable
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`with that.
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` MR. ALTIERI: Okay. Thank you.
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` JUDGE GREEN: That gives each party more
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`control over their own translator and who they are
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`comfortable with, and I think the rules talk about
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`sending the credentials of each translator to the
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`other party five days before the deposition and other
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`things.
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` MR. ALTIERI: Good. Thank you.
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` JUDGE GREEN: Okay. Petitioner, do you
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`have any further issues you would like to discuss
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`today?
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` MS. HOLLIS: Your Honor, there was one
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`issue we wanted to discuss. It was a request for a
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`clarification of Order No. 37. Order No. 37 was on
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`our motion to supplement, and, as you may recall, we
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`asked to supplement our original petition with a
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`handful of things, mostly depositions and witness
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`statements from the ITC case.
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` JUDGE GREEN: Right. I recall that
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`conference call.
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` MS. HOLLIS: Right. And both Mitch and I
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`recall that on the conference call we were told that
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`we could file those in our reply for a few reasons.
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`One was that they were responsive to Neptune's heat
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`argument, and another reason was that they were -- by
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`filing it in the reply, that would give the parties
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`time to work out their confidentiality issues, et
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`cetera.
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` Order No. 37 doesn't mention, at least
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`explicitly, our right to file that in the reply.
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`Instead, it says, "Patent owner may file its
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`supplemental evidence in its response," and we just
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`wanted to clarify that we were planning to file those
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`items in our reply and that we are able to do so.
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` JUDGE GREEN: I'm sorry that was not
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`explicit, but I can put that in this order, but, yes,
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`you are authorized to file that with the reply. You
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`would be responding to the patent owner's response.
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` MS. HOLLIS: Thank you very much.
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` And, also, there was a fifth item that we
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`talked about on the call. It was Dr. White's 2009
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`report. It just wasn't listed in the list of items
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`that we asked to supplement with. That was just the
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`last item that we wanted to clarify, that that was
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`included in the group of evidence that we could do.
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` JUDGE GREEN: Yes. And, actually, was that
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`the deposition of Dr. White?
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` MS. HOLLIS: There was a deposition of
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`Dr. White that we talked about. We also talked about
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`Dr. White's 2009 report which was --
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` JUDGE GREEN: Okay. And that's the problem
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`with these summaries. You do the best you can. But,
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`yes, whatever -- and I will clarify that. It is
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`whatever is relevant to what is being argued in the
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`patent owner's response. So you can't just file it to
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`file it. You have to be arguing it in your reply.
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` MS. HOLLIS: We understand that. Thank
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`you, Your Honor.
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` JUDGE GREEN: Okay. Patent owner?
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` MR. ALTIERI: Nothing else now, Your Honor.
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` JUDGE GREEN: Petitioner?
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` MS. HOLLIS: Nothing else, Your Honor.
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` JUDGE GREEN: Thank you very much. This
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`call is adjourned.
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` (The conference call concluded at 9:40
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`a.m.)
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`CERTIFICATE OF SHORTHAND REPORTER - NOTARY PUBLIC
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` I, Cynthia A. Whyte, the officer before whom the
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`foregoing proceedings were taken, do hereby certify
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`that the foregoing transcript is a true and correct
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`record of the proceedings; that said proceedings were
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`taken by me stenographically and thereafter reduced to
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`typewriting under my supervision; and that I am
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`neither counsel for, related to, nor employed by any
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`of the parties to this case and have no interest,
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`financial or otherwise, in its outcome.
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` IN WITNESS WHEREOF, I have hereunto set my hand
`
`and affixed my notarial seal this 15th day of May,
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`2014
`
`My commission expires July 15, 2015.
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`____________________________
`
`CYNTHIA A. WHYTE
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`NOTARY PUBLIC IN AND FOR THE
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`COMMONWEALTH OF PENNSYLVANIA
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`ESQUIRE
`3:3 4:4,14
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`expires
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`:1 6:1
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`15:12
`days
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`Deming
`3:13
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`designate
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`designating
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`7:2,5 8:14 9:16
`12:1,4
`Dr
`13:10,16,18,19
`Drive
`4:18
`due
`6:19
`
`E
`
`E 3
`
`:1,1 4:1,1,1 5:1
`5:8 6:1,1
`ELLIS
`3:4
`employed
`15:8
`ENZYMOTEC
`1:5
`
`7:12
`Chicago
`3:6
`Cindy
`6:16
`clarification
`10:21 12:5
`clarify
`11:1 13:2,13,22
`client
`7:13
`come
`10:5
`comfortable
`11:12,17
`commission
`15:15
`Commonwealth
`2:11 15:22
`concluded
`14:12
`conference
`1:13 2:1 12:11,13
`14:12
`confidentiality
`12:18
`control
`11:16
`COOLEY
`4:5,15
`correct
`8:1,11 15:4
`counsel
`7:4,5,10,11 9:17
`9:18 15:8
`country
`9:9
`course
`6:19
`court
`6:13,15,18,21
`credentials
`11:18
`Cunningham
`4:14 6:11,12
`Cynthia
`1:22 2:9 15:2,20
`
`7:11,16
`backwards
`7:4
`BEHALF
`3:2,10 4:2,12
`Bensalem
`1:16
`best
`13:21
`better
`10:9
`BIOMARINE
`1:4 3:2,10
`BIORESSOUR...
`1:9 4:3,13
`bit
`10:3
`Bjorn
`8:18
`Board
`1:2 2:2 10:6,8
`Bonilla
`1:15 6:3
`Boston
`4:8
`Boylston
`4:6
`
`C
`
`C 3
`
`:1 4:1,1 5:1 6:1
`call
`6:4 7:2 9:15 10:4
`10:6 12:11,13
`13:10 14:11,12
`case
`9:6 12:9 15:9
`CASIMIR
`3:12
`Center
`4:17
`CERTIFICATE
`15:1
`certify
`15:3
`cetera
`12:19
`changed
`
`
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`
`888.433.3767 | WWW.PLANETDEPOS.COM888.433.3767 | WWW.PLANETDEPOS.COM
`
`A
`
`able
`13:3
`adjourned
`14:11
`affixed
`15:12
`agreement
`2:9 11:7
`AKER
`1:4 3:2,10
`Altieri
`4:4 6:10,10,20
`7:19 9:22 10:12
`10:18,18 11:14
`11:21 14:7
`Amanda
`3:3 6:6 7:8
`answer
`10:8
`Appeal
`1:2 2:2
`argued
`14:1
`arguing
`14:3
`argument
`12:16
`Ariosa
`9:6
`asked
`12:7 13:12
`assume
`6:17
`attention
`9:5
`authorized
`13:6
`a.m
`1:18 14:13
`
`B
`
`B 5
`
`:8
`back
`9:15
`backup
`
`

`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON TUESDAY, MAY 13, 2014
`
`17
`
`7:3 8:3,14,21
`needed
`9:19
`neither
`15:8
`NEPTUNE
`1:8 4:2,12
`Neptune's
`12:15
`new
`8:4
`North
`3:5
`Norwegian
`8:17,21
`Nos
`1:5 5:2
`notarial
`15:12
`Notary
`2:10 15:1,21
`notices
`8:4
`notified
`8:20
`notifying
`8:20
`
`O
`
`O 4
`
`:1 5:1 6:1
`OFFICE
`1:1
`officer
`15:2
`okay
`7:17,21 8:6 9:1
`9:22 10:12,16
`11:14,22 13:20
`14:6
`opposition
`7:14
`order
`12:5,5,20 13:5
`organization
`7:12
`original
`12:7
`
`list
`13:11
`listed
`13:11
`litigation
`11:3
`little
`10:3
`LLP
`3:4 4:5,15
`look
`9:13
`looking
`10:22
`Lora
`1:14
`
`M
`
`M 1
`
`:14
`mandatory
`8:4
`marked
`5:9
`Massachusetts
`4:8
`mention
`12:20
`Middleton
`3:15
`Mitch
`6:6 7:10,16 12:12
`MITCHELL
`3:11
`moment
`10:20
`momentarily
`6:11
`motion
`12:6
`
`N
`
`N 3
`
`:1 4:1,1,1 5:1,1
`6:1
`necessarily
`10:7
`need
`
`1:14
`Job
`1:20
`join
`6:11
`Jones
`3:11,12 6:6 7:10
`8:11
`Judge
`6:2,2,8,13,17,22
`7:17,21 8:2,7,12
`9:1,4,14 10:1,8
`10:13,16 11:5
`11:15,22 12:10
`13:4,15,20 14:6
`14:8,10
`Judges
`1:13 2:1 6:3
`July
`15:15
`J.D
`3:11
`
`K
`
`K 1
`
`:15
`kind
`11:6
`KIRKLAND
`3:4
`know
`10:1 11:2
`
`L
`
`L 4
`
`:4
`LaSalle
`3:5
`latitude
`9:18
`Laura
`4:14 6:11
`lead
`7:4,5,10,16
`leave
`9:17
`line
`6:3,14
`
`hereunto
`15:11
`Hollis
`3:3 6:6,6 7:4,5,7
`7:8 8:1,6,7,10
`8:16 9:3,12
`10:15 12:3,12
`13:8,17 14:4,9
`Honor
`6:7,10,15 7:7
`8:16 9:3,12
`10:15,19 12:3
`14:5,7,9
`Honorable
`1:14,14,15
`hopefully
`10:7
`
`I
`
`Illinois
`3:6
`included
`13:14
`Inter
`1:4 5:2
`interest
`15:9
`IPR
`1:6,7,8 5:3,3,4
`9:6 11:4
`issue
`7:2 10:6 12:4
`issues
`7:18,19 8:8 12:1
`12:18
`ITC
`12:9
`item
`13:9,13
`items
`13:3,11
`Ivar
`8:17
`
`J
`
`J 3
`
`:11
`Jacqueline
`
`9:15 10:6
`Freedom
`4:16,18
`further
`10:13 12:1
`
`G
`
`G 6
`
`:1
`give
`9:15 10:6 12:17
`gives
`11:15
`giving
`10:4
`go
`7:4 10:2,3
`going
`6:11 7:14 9:1,8
`9:19 10:2
`Good
`11:21
`Green
`1:14 6:2,2,8,13,17
`6:22 7:17,21 8:2
`8:7,12 9:1,4,14
`10:1,13,16 11:5
`11:15,22 12:10
`13:4,15,20 14:6
`14:8,10
`group
`13:14
`Guide
`11:1
`Gundersen
`8:18
`
`H
`
`H 5
`
`:8
`hand
`15:11
`handful
`12:8
`Haugsgjerd
`8:18
`heat
`12:15
`
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`

`
`18
`
`6:4 7:6
`statements
`12:9
`States
`1:1 9:2
`stenographically
`15:6
`STEPHEN
`4:4
`Steve
`6:10 10:18
`Storro
`8:17
`straightforward
`8:13
`Street
`4:6
`Suite
`3:14
`summaries
`13:21
`supervision
`15:7
`supplement
`12:6,7 13:12
`supplemental
`13:1
`sure
`7:14
`switch
`7:13
`
`T
`
`T 4
`
`:1 5:1,1,8
`take
`9:2,13,17
`taken
`15:3,6
`talk
`11:17
`talked
`13:10,18,18
`TECHNOLOG...
`1:8 4:2,12
`telephone
`3:8,17 4:10,21
`Telephonic
`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON TUESDAY, MAY 13, 2014
`
`8:20
`rules
`9:10,16 11:7,17
`
`S
`
`S 3
`
`:1 4:1 5:1,8 6:1
`says
`12:22
`SC
`3:12
`seal
`15:12
`send
`6:18
`sending
`11:18
`set
`15:11
`sets
`9:9
`Sheridan
`1:15
`SHORTHAND
`15:1
`showing
`8:4
`side
`8:21 11:12
`simpler
`9:5
`smoothly
`10:3
`Snedden
`1:15 6:3
`sorry
`13:4
`spare
`10:20
`specifically
`11:8
`spell
`11:8
`sponsoring
`6:18,21
`Square
`4:16
`start
`
`reasons
`12:14
`recall
`8:7 12:6,10,13
`record
`15:5
`reduced
`15:6
`refile
`8:4
`registered
`2:10 8:8
`related
`15:8
`relevant
`14:1
`reply
`12:14,17,21 13:3
`13:6 14:3
`report
`13:11,19
`Reported
`1:22
`reporter
`2:10 6:14,15,18
`6:21 15:1
`request
`12:4
`requested
`7:2,13 8:19
`requesting
`7:15
`responding
`13:7
`response
`13:1,7 14:2
`responsive
`12:15
`Reston
`4:17,19
`Review
`1:5 5:2
`right
`8:10 12:10,12,21
`roll
`6:4
`rule
`
`PH.D
`3:11
`pick
`11:10
`place
`9:2,17
`planning
`13:2
`please
`9:15
`point
`8:2,3 9:5 11:11
`practitioner
`8:8
`Present
`3:8,17 4:10,21
`problem
`13:20
`proceeding
`11:2
`proceedings
`5:5 15:3,5,5
`Professional
`2:10
`provide
`9:16
`Public
`2:10 15:1,21
`Pursuant
`2:9
`put
`13:5
`
`Q
`question
`10:8,21
`questions
`9:14
`quick
`10:20
`
`R
`
`R 3
`
`:1 4:1 6:1
`real
`11:11
`reason
`11:11 12:16
`
`originally
`7:9
`outcome
`15:10
`outside
`9:8
`owner
`1:10 4:2,12 6:9
`6:20 7:17 10:16
`12:22 14:6
`owner's
`13:7 14:2
`
`P
`
`P 3
`
`:1,1 4:1,1 6:1
`PAGE
`5:2
`Pages
`1:21
`Paper
`9:7,7,8,9
`Partes
`1:4 5:2
`parties
`9:5,18 12:17 15:9
`party
`6:17 11:5,8,9,15
`11:19
`patent
`1:1,2,10 2:1 4:2
`4:12 6:9,20 7:17
`10:16 12:22
`13:7 14:2,6
`pay
`11:5,12
`pays
`11:2
`Pennsylvania
`1:16 2:11 15:22
`petition
`7:9 12:7
`petitioner
`3:2,10 6:5 7:1,6
`10:13 11:22
`14:8
`Petitioners
`1:6
`
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`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON TUESDAY, MAY 13, 2014
`
`19
`
`703
`4:20
`
`8
`862-2000
`3:7
`
`9
`
`9:30
`1:18
`9:40
`14:12
`937-2300
`4:9
`
`2014-00636
`1:8 5:4
`2015
`15:15
`20190
`4:19
`2275
`3:13
`
`3
`
`300
`3:5
`310
`3:14
`312
`3:7
`37
`12:5,5,20
`
`4
`456-8119
`4:20
`
`500
`4:6
`53562
`3:15
`55
`9:7,9
`58657
`1:20
`
`5
`
`6
`
`6 5
`
`:5
`60654
`3:6
`608
`3:16
`617
`4:9
`662-1277
`3:16
`67
`9:7,8
`
`7
`
`witness
`12:8 15:11
`wondering
`11:1,4
`work
`9:20 12:18
`works
`11:3,4
`Wright
`1:15
`
`X
`
`:3,11 5:8
`
`x 1
`
`yeah
`8:11
`
`02116
`4:8
`
`Y
`
`0
`
`1
`
`1 1
`
`:21
`11951
`4:18
`13
`1:17
`14th
`4:7
`15
`1:21 15:15
`15th
`15:12
`
`2
`
`2009
`13:10,19
`2012-00022
`9:6
`2014
`1:17 15:13
`2014-00003
`1:6 5:3
`2014-00556
`1:7 5:3
`
`15:7
`
`U
`
`U 4
`
`:1
`understand
`14:4
`understanding
`7:1
`United
`1:1 9:2
`usually
`11:3,5,8,9
`
`V
`
`v 1
`
`:7
`Virginia
`4:19
`
`W
`
`wait
`10:9
`want
`8:14
`wanted
`12:4 13:2,13
`wants
`11:9
`wasn't
`13:11
`Way
`3:13
`WHEREOF
`15:11
`whichever
`6:17
`White
`13:16,18
`White's
`13:10,19
`Whyte
`1:22 2:9 6:16
`15:2,20
`Wisconsin
`3:15
`withdraw
`7:22
`
`1:13 2:1
`tends
`10:3
`Thank
`6:8,22 9:12,22
`11:14,21 13:8
`14:4,10
`things
`7:12 9:4 11:20
`12:8
`think
`8:3 9:7,9,19 11:7
`11:10,11,17
`Thomas
`8:18
`three
`8:17 10:10
`time
`9:19 10:9 12:18
`today
`12:2
`told
`12:13
`Town
`4:17
`TRADEMARK
`1:1
`transcript
`6:19 15:4
`translation
`11:2
`translator
`7:3 8:15 9:11,20
`11:6,9,10,16,18
`translators
`8:22
`Trial
`1:2 2:2 10:22
`true
`15:4
`trying
`7:21
`Tuesday
`1:17
`two
`10:9
`typewriting
`
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