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UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`1
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`---------------------------x
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`AKER BIOMARINE AS, :
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` Petitioner, :
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` v. : Case No.
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`NEPTUNE TECHNOLOGIES AND : IPR2014-00556
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`BIORESSOURCES, INC., : Patent 8,278,351
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` Patent Owner. :
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`---------------------------x
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` Telephonic Judges' Conference Before
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` the Honorable Lora M. Green, the
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` Honorable Sheridan K. Snedden, and the
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` Honorable Jacquelyn Wright Bonilla
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` Thursday, June 12, 2014
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` 3:00 p.m.
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`Job No.: 60668
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`Pages: 1 - 18
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`Reported by: Susan Perry Miller, RDR, CRR
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`NEPN Ex. 2063
`Aker v. Neptune
`IPR2014-00003
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`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
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` Telephonic Judges' Conference with the Patent
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`Trial and Appeal Board.
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` Pursuant to Agreement, before Susan Perry
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`Miller, Registered Diplomate Reporter and Certified
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`Realtime Reporter.
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`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
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`3
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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 AS:
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` MICHAEL W. DE VRIES, PC, ESQUIRE
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` KIRKLAND & ELLIS LLP
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` 333 South Hope Street
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` Los Angeles, California 90071
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` (213) 680-8400
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` LESLIE M. SCHMIDT, ESQUIRE
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` KIRKLAND & ELLIS LLP
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` 601 Lexington Avenue
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` Suite 5000
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` New York, New York 10022
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` (212) 446-4800
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` ON BEHALF OF THIRD PARTY ENZYMOTEC:
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` CYNTHIA LAMBERT HARDMAN, ESQUIRE
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` ELIZABETH J. HOLLAND, ESQUIRE
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` KENYON & KENYON, LLP
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` One Broadway
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` New York, New York 10004
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` (212) 425-7200
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`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
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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 AND
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`4
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` BIORESSOURCES, INC.:
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` STEPHEN ALTIERI, ESQUIRE
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` COOLEY, LLP
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` 500 Boylston Street
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` Boston, Massachusetts 02116
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` (617) 937-2300
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` LAURA CUNNINGHAM, ESQUIRE
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` COOLEY, LLP
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` 1299 Pennsylvania Avenue, NW
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` Suite 700
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` Washington, DC 20004
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` (202) 842-7800
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` P R O C E E D I N G S
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` JUDGE GREEN: Good afternoon. This
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` is Judge Green, and I also have with me Judges
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` Bonilla and Snedden.
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` Who do I have for Enzymotec?
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` MS. HARDMAN: Cynthia Hardman at
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` Kenyon & Kenyon, and I'm here with Elizabeth
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` Holland at Kenyon & Kenyon.
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` JUDGE GREEN: Thank you. And then
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` who do I have for Aker?
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` MR. DE VRIES: Hello, Your Honor.
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` This is Mike De Vries from Kirkland & Ellis.
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` Leslie Schmidt from Kirkland & Ellis is also on
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` the line. We're both for Petitioner Aker
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` Biomarine.
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` JUDGE GREEN: And then who do we
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` have for Patent Owner?
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` MR. ALTIERI: This is Steve Altieri
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` from Cooley on the line, and I also have Laura
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` Cunningham from Cooley.
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` JUDGE GREEN: Thank you. And then
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` do we have a court reporter on the line?
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`PLANET DEPOS
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` THE REPORTER: Yes, ma'am. Hi, I'm
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` Susan Perry Miller with Planet Depos and I am
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` on the line. If you would, repeat the other
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` Courts that you have with you, please?
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` JUDGE GREEN: Okay. I have Judges
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` Bonilla and Snedden.
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` THE REPORTER: Bonilla and Snedden,
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` thank you. Tell me when we are prepared to go
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` on the record, please.
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` JUDGE GREEN: We are on the record
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` now.
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` THE REPORTER: All right. I will
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` start writing now. Thank you so much.
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` JUDGE GREEN: And who asked for the
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` court reporter?
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` MR. ALTIERI: Patent Owner,
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` Your Honor, and we'll submit the transcript in
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` due course.
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` JUDGE GREEN: Thank you.
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` Okay. With Enzymotec's permission,
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` I would like to discuss a couple of issues that
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` have come up in the 2014-00003 IPR. Is that
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`TELEPHONIC JUDGES' CONFERENCE
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` okay?
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` MS. HARDMAN: This is Cynthia
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` Hardman. Yes, Your Honor.
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` JUDGE GREEN: Okay. I was looking
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` at the motion for discovery by Patent Owner in
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` that case, Paper 55, and Petitioner came in in
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` the opposition and said it was moot, that they
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` had already provided this discovery.
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` Is that true?
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` MR. DE VRIES: Yes, Your Honor.
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` This is Mike De Vries, counsel for Petitioner.
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` We have agreed to provide that discovery. That
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` is correct.
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` JUDGE GREEN: So, Patent Owner, your
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` motion for discovery is now moot? Mr. Altieri?
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` MR. ALTIERI: Provided Mr. De Vries
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` says -- I mean, if you're going on the record
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` saying that you provided everything that we
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` requested, then yes, it would be moot.
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` JUDGE GREEN: Okay. So I'm going to
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` put in my order that that has been dismissed as
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` moot. If something else comes up, we can
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` revisit it; but at this point, it doesn't seem
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` like there's anything that I have to decide.
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` MR. DE VRIES: Thank you,
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` Your Honor.
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` JUDGE GREEN: Okay. Also, we also
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` have an oral hearing date in the 2014-00003 of
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` October 21, 2014, if oral argument is
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` presented -- if oral argument is requested.
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` The panel actually has -- the whole
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` panel has another obligation for that date.
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` Would the parties have an objection to moving
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` that hearing to Friday, October 20th, at
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` 10:00 a.m.?
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` MR. DE VRIES: Your Honor, this is
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` for Petitioner Aker. I believe that date will
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` work for us.
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` MR. ALTIERI: I think -- this is the
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` Patent Owner. I mean, that's probably okay for
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` us, but I just want to alert the Board that we
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` just filed, today, a stipulation for new due
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` dates, so some dates have moved around.
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` JUDGE GREEN: Yes, a few dates,
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` 1 through 5, I saw that.
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` MR. ALTIERI: Yeah. So just if the
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` Board is comfortable with the timing now, then
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` that should be fine.
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` JUDGE GREEN: Okay. And we're
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` actually very comfortable with due dates
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` 1 through 5 around, as long as -- we'd like to
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` keep our hearing date as close as we can to the
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` original date.
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` This is just one of those
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` unfortunate things that came up as an
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` organization, so I do thank you for all of your
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` understanding in this.
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` Okay. So, then, let's go on to the
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` reason that Enzymotec asked for this conference
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` call. My understanding is that the first issue
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` you want to discuss was filing a short reply to
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` Neptune's opposition to your motion for
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` joinder. Would you like to start there?
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` MS. HARDMAN: Yes, Your Honor. This
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` is Cynthia Hardman. The reason -- we don't
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` necessarily feel that a reply is needed, except
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` to address one particular issue that Neptune --
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` THE REPORTER: I'm sorry. You're
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` going to need to speak up, ma'am. I cannot
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` hear you.
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` MS. HARDMAN: I apologize.
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` THE REPORTER: Thank you.
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` MS. HARDMAN: Let me get closer to
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` the phone.
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` In their opposition, Neptune raised
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` an issue of what a provision of the settlement
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` agreement between Neptune and Enzymotec that
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` settled certain litigation means, and they made
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` an argument that one of the grounds that
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` Enzymotec has asserted in its Motion for
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` Joinder is in violation of the settlement
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` agreement.
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` And if that's an issue the Board is
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` going to consider, we wanted the opportunity to
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` respond to that, because we disagree with
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` Neptune's interpretation of the settlement
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` agreement.
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` JUDGE GREEN: Actually, Neptune, why
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` would you think that would be within the
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` province of the Board? I mean, that's a
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` settlement agreement between the parties.
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` MR. ALTIERI: I think the point
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` there was that we were trying to act in a
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` consistent manner with the settlement
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` agreement; and it was our understanding that,
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` among the other reasons we gave in this
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` opposition, that this was yet another reason
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` why the Board shouldn't consider joinder of the
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` specific claims that we highlighted.
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` JUDGE GREEN: But to me that's a
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` contract issue, and it's not something that we
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` decide whether or not we should join. I mean,
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` I don't really see how it's a consideration
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` that we would consider in deciding whether or
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` not the challenges are valid. It seems to be
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` more of a contract issue between the two
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` parties. I mean, I couldn't -- I can't enforce
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` the settlement agreement.
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` MS. HARDMAN: Your Honor, this is
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` Cynthia Hardman. We agree with that, and if
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` the Board is not going to consider the issue of
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` contract interpretation, we wouldn't require
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` the reply to put in our position on the
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` contract interpretation.
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` JUDGE GREEN: Okay. Patent Owner, I
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` think at this point -- I mean, it's noted. I
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` really doubt that it's something that we really
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` want to get into a contract interpretation. I
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` really think that's beyond what Congress has
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` given us to do. So at this point, I'm not
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` going to authorize the reply, and I didn't know
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` if you wanted to say anything else at this
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` MS. HARDMAN: Cynthia Hardman again.
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` No, we have nothing further to say. Thank you.
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` JUDGE GREEN: Mr. Altieri?
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` MR. ALTIERI: I have nothing
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` further.
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` JUDGE GREEN: Okay.
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` And then the second issue, as I
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` understand it, is that Enzymotec wanted to
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` discuss the agreement they have with Aker of
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` how they're going to cooperate in case we do
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` authorize joinder.
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` Enzymotec, do you want to start
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` there?
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` MS. HARDMAN: Yes, Cynthia Hardman
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` again. We did come to a number of agreements
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` with Aker about efficiencies and consolidated
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` filings and et cetera, and we weren't sure of
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` the -- procedurally how to apprise the Board of
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` those agreements, so we were looking for
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` guidance about that.
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` JUDGE GREEN: Let me put you on mute
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` for a second so I can discuss it with the
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` panel. Thank you.
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` (Pause.)
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` JUDGE GREEN: This is Judge Green
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` again. Do I have counsel for Enzymotec still
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` on the line?
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` MS. HARDMAN: Yes, Your Honor.
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` JUDGE GREEN: Counsel for Aker?
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` MR. DE VRIES: Yes, Your Honor.
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` JUDGE GREEN: And counsel for
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` Neptune?
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` MR. ALTIERI: Yes, Your Honor.
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` JUDGE GREEN: Okay. I've conferred
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` with the panel, and what we would like to see
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` is just a paper that comes in and just says
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` this is the stipulation or the agreement that
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` you have and this is how you plan on running
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` the joint IPRs, in case we do join; and that
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` way, we have it of record.
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` MS. HARDMAN: Okay. Cynthia
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` Hardman. We will file that. We will file it
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` in the 556 IPR. Should we file it also in the
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` 003?
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` JUDGE GREEN: No, please just file
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` it in the 556 and file it jointly with Aker.
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` MS. HARDMAN: Will do, thank you.
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` JUDGE GREEN: That way it's clear to
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` us that both Enzymotec and Aker are agreeing to
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` this.
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` MR. DE VRIES: Yes, Your Honor.
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` This is counsel for Petitioner Aker. We will
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` work together with Enzymotec to make that
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` filing explaining the ways in which we've
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` reached agreement in order to cooperate and
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` make things more efficient.
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` JUDGE GREEN: And then how quickly
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` do you think you can get that in? Because we
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` are working on the institution decision and the
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` motion for joinder. I shouldn't say
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` institution decision, but whether or not we are
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` going to institute it or not.
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` MS. HARDMAN: For Enzymotec's part,
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` we should be able to get that on file tomorrow.
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` JUDGE GREEN: Do you need to confer
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` with Aker?
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` MR. DE VRIES: Your Honor, as
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` counsel for Aker, that is just fine. Filing
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` tomorrow will work for us as well.
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` JUDGE GREEN: That would be great.
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` Okay. At this point, I will ask
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` Patent Owner if they have any further issues?
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` Mr. Altieri?
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` MR. ALTIERI: Laura, do you have
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` something to add?
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`PLANET DEPOS
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` MS. CUNNINGHAM: Your Honor, I would
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` just note that we have requested additional
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` discovery from Petitioner Aker, which is from
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` Petitioner's declarant Dr. Budge; and our
`
` understanding is that Aker has agreed to
`
` provide that, so we don't expect that to be an
`
` issue.
`
` JUDGE GREEN: Okay. But we haven't
`
` talked about that. That's not the subject of
`
` your pending motion for additional discovery,
`
` which we've already decided is moot.
`
` MS. CUNNINGHAM: That's correct,
`
` Your Honor.
`
` JUDGE GREEN: Okay. Anything else,
`
` Mr. Altieri?
`
` MR. ALTIERI: Nothing right now,
`
` Your Honor.
`
` JUDGE GREEN: Okay. Anything from
`
` Enzymotec?
`
` MS. HARDMAN: No, Your Honor.
`
` JUDGE GREEN: And anything from
`
` Aker?
`
`PLANET DEPOS
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`

`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
`
`17
`
` MR. DE VRIES: No, Your Honor.
`
` JUDGE GREEN: Okay. Thank you all
`
` very much. Have a good afternoon, and this
`
` call is adjourned.
`
` (Conference Call Adjourned at
`
` 3:14 p.m. CDT)
`
` --oOo--
`
`PLANET DEPOS
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`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
`
` CERTIFICATE OF SHORTHAND REPORTER
`
`18
`
` I, Susan Perry Miller, RDR, CRR, the
`
`officer before whom the foregoing proceedings were
`
`taken, do hereby certify that the foregoing
`
`transcript is a true and correct record of the
`
`proceedings; that said proceedings were taken by me
`
`stenographically and thereafter reduced to
`
`typewriting under my supervision; and that I am
`
`neither counsel for, related to, nor employed by any
`
`of the parties to this case and have no interest,
`
`financial or otherwise, in its outcome.
`
` IN WITNESS WHEREOF, I have hereunto set
`
`my hand this 19th day of June, 2014.
`
`_____________________________
`
`Susan Perry Miller
`
`Notary Public, State of Texas
`
`My Commission Expires 03/30/2016
`
`PLANET DEPOS
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`TELEPHONIC JUDGES' CONFERENCETELEPHONIC JUDGES' CONFERENCE
`
`CONDUCTED ON THURSDAY, JUNE 12, 2014CONDUCTED ON THURSDAY, JUNE 12, 2014
`
`19
`
`15:14 17:1
`decide
`8:2 11:14
`decided
`16:11
`deciding
`11:16
`decision
`15:6,8
`declarant
`16:4
`Depos
`6:2
`Diplomate
`2:11
`disagree
`10:19
`discovery
`7:5,8,12,15 16:3
`16:10
`discuss
`6:21 9:17 12:22
`13:13
`dismissed
`7:21
`doubt
`12:7
`Dr
`16:4
`due
`6:18 8:20 9:6
`
`E
`
`E 3
`
`:1,1 4:1,1,1 5:1
`5:1
`efficiencies
`13:7
`efficient
`15:3
`Elizabeth
`3:18 5:7
`Ellis
`3:4,10 5:12,13
`employed
`18:10
`enforce
`11:19
`
`consistent
`11:6
`consolidated
`13:7
`contract
`11:13,18 12:2,4,8
`Cooley
`4:5,11 5:19,20
`cooperate
`13:1 15:2
`correct
`7:13 16:12 18:6
`counsel
`7:11 13:17,20,22
`14:21 15:15
`18:10
`couple
`6:21
`course
`6:18
`court
`5:22 6:15
`Courts
`6:4
`CRR
`1:22 18:3
`Cunningham
`4:10 5:20 16:1,12
`Cynthia
`3:17 5:6 7:2 9:21
`11:22 12:14
`13:5 14:10
`
`D
`
`D 4
`
`:1 5:1
`date
`8:6,10,15 9:8,9
`dates
`8:21,21,22 9:6
`day
`18:14
`DC
`4:14
`De
`3:3 5:11,12 7:10
`7:11,16 8:3,14
`13:21 14:20
`
`case
`1:6 7:6 13:1 14:8
`18:11
`CDT
`17:6
`certain
`10:12
`CERTIFICATE
`18:1
`Certified
`2:11
`certify
`18:5
`cetera
`13:8
`challenges
`11:17
`claims
`11:11
`clear
`14:17
`close
`9:8
`closer
`10:7
`come
`6:22 13:6
`comes
`7:22 14:5
`comfortable
`9:3,6
`Commission
`18:22
`confer
`15:12
`conference
`1:12 2:1 9:15
`17:5
`conferred
`14:3
`Congress
`12:9
`consider
`10:18 11:10,16
`12:1
`consideration
`11:15
`
`apprise
`13:9
`argument
`8:7,8 10:13
`asked
`6:14 9:15
`asserted
`10:14
`authorize
`12:11 13:2
`Avenue
`3:11 4:12
`a.m
`8:13
`
`B
`BEHALF
`3:2,16 4:2
`believe
`8:15
`beyond
`12:9
`Biomarine
`1:4 3:2 5:15
`BIORESSOUR...
`1:8 4:3
`Board
`1:2 2:2 8:19 9:3
`10:17 11:2,10
`12:1 13:9
`Bonilla
`1:15 5:4 6:6,7
`Boston
`4:7
`Boylston
`4:6
`Broadway
`3:20
`Budge
`16:4
`
`C
`
`C 3
`
`:1 4:1,1 5:1
`California
`3:6
`call
`9:16 17:4,5
`
`A
`
`able
`15:11
`act
`11:5
`add
`15:22
`additional
`16:2,10
`address
`10:1
`adjourned
`17:4,5
`afternoon
`5:2 17:3
`agree
`11:22
`agreed
`7:12 16:5
`agreeing
`14:18
`agreement
`2:10 10:11,16,21
`11:3,7,20 12:22
`14:6 15:2
`agreements
`13:6,10
`Aker
`1:4 3:2 5:10,14
`8:15 12:22 13:7
`13:20 14:15,18
`14:21 15:13,15
`16:3,5,22
`alert
`8:19
`Altieri
`4:4 5:18,18 6:16
`7:15,16 8:17 9:2
`11:4 12:16,17
`14:2 15:20,21
`16:15,16
`Angeles
`3:6
`apologize
`10:5
`Appeal
`1:2 2:2
`
`
`PLANET DEPOSPLANET DEPOS
`
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`
`

`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
`
`20
`
`LLP
`3:4,10,19 4:5,11
`long
`9:7
`looking
`7:4 13:10
`Lora
`1:13
`Los
`3:6
`
`M
`
`M 1
`
`:13 3:9
`manner
`11:6
`Massachusetts
`4:7
`ma'am
`6:1 10:3
`mean
`7:17 8:18 11:2,14
`11:19 12:6
`means
`10:12
`MICHAEL
`3:3
`Mike
`5:12 7:11
`Miller
`1:22 2:11 6:2
`18:3,20
`moot
`7:7,15,19,22
`16:11
`motion
`7:5,15 9:18 10:14
`15:7 16:10
`moved
`8:21
`moving
`8:11
`mute
`13:12
`
`N
`
`N 3
`
`:1 4:1,1,1 5:1
`
`joint
`14:8
`jointly
`14:15
`Judge
`5:2,3,9,16,21 6:5
`6:10,14,19 7:4
`7:14,20 8:5,22
`9:5 10:22 11:12
`12:5,16,19
`13:12,16,16,20
`13:22 14:3,14
`14:17 15:4,12
`15:17 16:8,14
`16:18,21 17:2
`Judges
`1:12 2:1 5:3 6:5
`June
`1:16 18:14
`
`K
`
`K 1
`
`:14
`keep
`9:8
`Kenyon
`3:19,19 5:7,7,8,8
`Kirkland
`3:4,10 5:12,13
`know
`12:11
`
`L
`LAMBERT
`3:17
`Laura
`4:10 5:19 15:21
`Leslie
`3:9 5:13
`let's
`9:14
`Lexington
`3:11
`line
`5:14,19,22 6:3
`13:18
`litigation
`10:12
`
`Holland
`3:18 5:8
`Honor
`5:11 6:17 7:3,10
`8:4,14 9:20
`11:21 13:19,21
`14:2,20 15:14
`16:1,13,17,20
`17:1
`Honorable
`1:13,14,15
`Hope
`3:5
`
`I
`
`institute
`15:9
`institution
`15:6,8
`interest
`18:11
`interpretation
`10:20 12:2,4,8
`IPR
`6:22 14:12
`IPRs
`14:8
`IPR2014-00556
`1:7
`issue
`9:16 10:1,10,17
`11:13,18 12:1
`12:20 16:7
`issues
`6:21 15:19
`
`J
`
`J 3
`
`:18
`Jacquelyn
`1:15
`Job
`1:20
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`11:14 14:8
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`9:19 10:15 11:10
`13:2 15:7
`
`go
`6:8 9:14
`going
`7:17,20 10:3,18
`12:1,11 13:1
`15:9
`good
`5:2 17:3
`great
`15:17
`Green
`1:13 5:2,3,9,16,21
`6:5,10,14,19 7:4
`7:14,20 8:5,22
`9:5 10:22 11:12
`12:5,16,19
`13:12,16,16,20
`13:22 14:3,14
`14:17 15:4,12
`15:17 16:8,14
`16:18,21 17:2
`grounds
`10:13
`guidance
`13:11
`
`H
`
`hand
`18:14
`Hardman
`3:17 5:6,6 7:2,3
`9:20,21 10:5,7
`11:21,22 12:14
`12:14 13:5,5,19
`14:10,11,16
`15:10 16:20
`hear
`10:4
`hearing
`8:6,12 9:8
`Hello
`5:11
`hereunto
`18:13
`Hi
`6:1
`highlighted
`11:11
`
`Enzymotec
`3:16 5:5 9:15
`10:11,14 12:21
`13:3,17 14:18
`14:22 16:19
`Enzymotec's
`6:20 15:10
`ESQUIRE
`3:3,9,17,18 4:4,10
`et
`13:8
`expect
`16:6
`Expires
`18:22
`explaining
`15:1
`
`F
`
`feel
`9:22
`file
`14:11,11,12,14,15
`15:11
`filed
`8:20
`filing
`9:17 15:1,15
`filings
`13:8
`financial
`18:12
`fine
`9:4 15:15
`first
`9:16
`foregoing
`18:4,5
`Friday
`8:12
`further
`12:15,18 15:19
`
`G
`
`G 5
`
`:1
`given
`12:10
`
`PLANET DEPOS
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`

`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
`
`21
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`require
`12:2
`respond
`10:19
`revisit
`8:1
`right
`6:12 16:16
`running
`14:7
`
`S
`
`S 3
`
`:1 4:1 5:1
`saw
`9:1
`saying
`7:18
`says
`7:17 14:5
`Schmidt
`3:9 5:13
`second
`12:20 13:13
`see
`11:15 14:4
`set
`18:13
`settled
`10:12
`settlement
`10:10,15,20 11:3
`11:6,20
`Sheridan
`1:14
`short
`9:17
`SHORTHAND
`18:1
`Snedden
`1:14 5:4 6:6,7
`sorry
`10:2
`South
`3:5
`speak
`10:3
`specific
`
`2:10
`put
`7:21 12:3 13:12
`p.m
`1:17 17:6
`
`quickly
`15:4
`
`Q
`
`R
`
`R 3
`
`:1 4:1 5:1
`raised
`10:9
`RDR
`1:22 18:3
`reached
`15:2
`really
`11:15 12:7,7,9
`Realtime
`2:12
`reason
`9:15,21 11:9
`reasons
`11:8
`record
`6:9,10 7:17 14:9
`18:6
`reduced
`18:8
`Registered
`2:11
`related
`18:10
`repeat
`6:3
`reply
`9:17,22 12:3,11
`Reported
`1:22
`reporter
`2:11,12 5:22 6:1
`6:7,12,15 10:2,6
`18:1
`requested
`7:19 8:8 16:2
`
`Pennsylvania
`4:12
`permission
`6:20
`Perry
`1:22 2:10 6:2
`18:3,20
`Petitioner
`1:5 3:2 5:14 7:6
`7:11 8:15 14:21
`16:3
`Petitioner's
`16:4
`phone
`10:8
`plan
`14:7
`Planet
`6:2
`please
`6:4,9 14:14
`point
`8:1 11:4 12:6,10
`12:13 15:18
`position
`12:3
`prepared
`6:8
`presented
`8:8
`probably
`8:18
`procedurally
`13:9
`proceedings
`18:4,7,7
`provide
`7:12 16:6
`provided
`7:8,16,18
`province
`11:2
`provision
`10:10
`Public
`18:21
`Pursuant
`
`opportunity
`10:18
`opposition
`7:7 9:18 10:9
`11:9
`oral
`8:6,7,8
`order
`7:21 15:2
`organization
`9:12
`original
`9:9
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`18:12
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`1:9 4:2 5:17 6:16
`7:5,14 8:18 12:5
`15:19
`
`P
`
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`
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`1:21
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`8:9,10 13:14 14:4
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`7:6 14:5
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`15:10
`particular
`10:1
`parties
`8:11 11:3,19
`18:11
`PARTY
`3:16
`Patent
`1:1,2,8,9 2:1 4:2
`5:17 6:16 7:5,14
`8:18 12:5 15:19
`Pause
`13:15
`PC
`3:3
`pending
`16:10
`
`necessarily
`9:22
`need
`10:3 15:12
`needed
`9:22
`neither
`18:10
`Neptune
`1:7 4:2 10:1,9,11
`10:22 14:1
`Neptune's
`9:18 10:20
`new
`3:13,13,21,21
`8:20
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`18:21
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`16:2
`noted
`12:6
`number
`13:6
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`4:12
`
`O
`
`O 4
`
`:1 5:1
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`8:11
`obligation
`8:10
`October
`8:7,12
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`1:1
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`18:4
`okay
`6:5,20 7:1,4,20
`8:5,18 9:5,14
`12:5,19 14:3,10
`15:18 16:8,14
`16:18 17:2
`oOo
`17:7
`
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`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
`
`22
`
`212
`3:14,22
`213
`3:7
`
`3
`
`3:00
`1:17
`3:14
`17:6
`333
`3:5
`
`4
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`3:22
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`3:14
`
`5
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`3:12
`55
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`14:12,15
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`4:13
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`1:8
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`9:2
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`3:13,13,21,21
`
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`
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`14:13
`02116
`4:7
`03/30/2016
`18:22
`
`1
`
`1 1
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`10:00
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`10004
`3:21
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`3:13
`12
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`4:12
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`18:14
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`8:12
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`1:16 8:7 18:14
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`11:17
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`10:15
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`3:3 5:11,12 7:10
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`13:21 14:20
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`
`W
`
`W 3
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`8:19 9:17 12:8
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`10:18 12:12,21
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`4:14
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`14:9,17
`ways
`15:1
`weren't
`13:8
`we'll
`6:17
`we're
`5:14 9:5
`we've
`15:1 16:11
`WHEREOF
`18:13
`WITNESS
`18:13
`work
`8:16 14:22 15:16
`working
`15:6
`wouldn't
`12:2
`Wright
`1:15
`writing
`6:13
`
`X
`
`8:3 9:12 10:6
`12:15 13:14
`14:16 17:2
`things
`9:11 15:3
`think
`8:17 11:1,4 12:6
`12:9 15:5
`THIRD
`3:16
`Thursday
`1:16
`timing
`9:3
`today
`8:20
`tomorrow
`15:11,16
`TRADEMARK
`1:1
`transcript
`6:17 18:6
`Trial
`1:2 2:2
`true
`7:9 18:6
`trying
`11:5
`two
`11:18
`typewriting
`18:9
`
`U
`
`U 4
`
`:1
`understand
`12:21
`understanding
`9:13,16 11:7 16:5
`unfortunate
`9:11
`UNITED
`1:1
`
`V
`
`:6
`
`v 1
`
`11:11
`start
`6:13 9:19 13:3
`State
`18:21
`STATES
`1:1
`stenographically
`18:8
`STEPHEN
`4:4
`Steve
`5:18
`stipulation
`8:20 14:6
`Street
`3:5 4:6
`subject
`16:9
`submit
`6:17
`Suite
`3:12 4:13
`supervision
`18:9
`sure
`13:8
`Susan
`1:22 2:10 6:2
`18:3,20
`
`T
`
`T 4
`
`:1
`taken
`18:5,7
`talked
`16:9
`TECHNOLOG...
`1:7 4:2
`Telephonic
`1:12 2:1
`Tell
`6:8
`Texas
`18:21
`thank
`5:9,21 6:8,13,19
`
`PLANET DEPOS
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`

`
`TELEPHONIC JUDGES' CONFERENCE
`CONDUCTED ON THURSDAY, JUNE 12, 2014
`
`23
`
`4:15
`
`9
`
`90071
`3:6
`937-2300
`4:8
`
`PLANET DEPOS
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