`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`AKER BIOMARINE AS and
`ENZYMOTEC LTD. and ENZYMOTEC USA, INC.
`
`Petitioners
`
`v.
`
`NEPTUNE TECHNOLOGIES AND BIORESSOURCES, INC.
`Patent Owner
`
`________________
`
`Case IPR2014-000031
`Patent 8,278,351
`PETITIONERS’ REQUEST FOR ORAL ARGUMENT
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`1 Case IPR2014-00556 has been joined with this proceeding.
`
`
`
`
`
`Request for Oral Argument
`Case No. 2014-00003
`Petitioners Aker BioMarine AS (“AKBM”), Enzymotec Ltd. and Enzymotec
`
`USA, Inc. (collectively, “Petitioners”) hereby request oral argument pursuant to
`
`37 C.F.R. § 42.70. Oral argument is currently scheduled for October 31, 2014. See
`
`Decision on Enzymotec’s Motion for Joinder (Paper 72) at 9. Petitioners request oral
`
`argument on at least the following issues:
`
`1.
`
`The proper constructions of the claim terms “suitable for human
`
`consumption,” “a concentration of free fatty acids of about 5% w/w,” “about 40%
`
`w/w, wherein about represents ± 10%,” “about 45% w/w, wherein about represents
`
`± 20%,” and “solution”/“capsule, tablet, solution, syrup, or suspension;”2
`
`2.
`
`Anticipation of claims 1–6, 9, 12, 13, 19–29, 32, 35, 36 and 42–46 of the
`
`’351 patent under 35 U.S.C. § 102 based on prior art reference Beaudoin I3;
`
`2.
`
`Obviousness of Claims 1–6, 9, 12, 13, 19–29, 32, 35, 36 and 42–46 of
`
`the ’351 patent under 35 U.S.C. § 103 based on the combination of prior art
`
`references Fricke, Bergelson, Yasawa, Itano, and the WHO Bulletin;
`
`
`2 AKBM identified in its Petition certain additional claim terms it believed were
`
`relevant to the invalidity issues presented therein. See Petition (Paper 6) at 8–9. PO
`
`has not disputed the meanings of these terms as advanced by AKBM. See PO Resp.
`
`(Paper 66) at 9–14.
`
`3 Trial was instituted regarding anticipation of claims 2, 3, 25 and 26 by Beaudoin
`
`when the Board granted Enzymotec’s motion for joinder. See Paper 72.
`
`
`
`1
`
`
`
`Request for Oral Argument
`Case No. 2014-00003
`Any motions filed by the parties that have not been resolved as of the
`
`3.
`
`time for oral argument, including
`
`(a)
`
`the reasons the Board should grant AKBM’s Motion for
`
`Additional Discovery (Paper 82);
`
`(b)
`
`the reasons the Board should deny Patent Owner Neptune
`
`Technologies & Bioressources, Inc.’s (“PO”) motion to exclude Exhibit 1107,
`
`which PO indicated it may file on September 25, 2014;
`
`4.
`
`Any issues which PO or any other party raises or proposes to raise at or
`
`before the oral argument; and
`
`5.
`
`Any additional issues on which the Board seeks information or
`
`clarification.
`
`Petitioners request the Board permit them to argue first. 77 Fed. Reg. 45756,
`
`48768. Petitioners request the ability to use audio/visual equipment, including a PC-
`
`connectable projector and a screen.
`
`
`
`2
`
`
`
`
`
`September 25, 2014
`
`Request for Oral Argument
`Case No. IPR2014-00003
`
`Respectfully submitted,
`
`By: /s/ Amanda J. Hollis
`Amanda J. Hollis (Reg. No. 55,629)
`amanda.hollis@kirkland.com
`KIRKLAND & ELLIS LLP
`300 N. La Salle
`Chicago, IL 60654
`Tel: (312) 862-2000
`Fax: (312) 862-2200
`Lead Counsel for Petitioner Aker BioMarine AS
`
`J. Mitchell Jones, Ph.D. (Reg. No. 44,174)
`jmjones@casimirjones.com
`CASIMIR JONES SC
`2275 Deming Way, Suite 310
`Middleton, WI 53562
`Tel: (608) 662-1277
`Fax: (608) 662-1276
`Back-up Counsel for Petitioner Aker BioMarine
`AS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Reply re Motion For Additional Discovery
`Case No. 2014-00003
`
`CERTIFICATE OF SERVICE
`
`I hereby certify pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(b) that a complete
`
`copy of this REQUEST FOR ORAL ARGUMENT is being served electronically via
`
`e-mail (as consented to by the Patent Owner), on September 25, 2014, the same day
`
`as the filing of the above-identified document in the United States Patent and
`
`John Graves
`jgraves@cooley.com
`zpatdcdocketing@cooley.com
`Cooley LLP
`Attn: Patent Group
`1299 Pennsylvania Ave., NW, Ste. 700
`Washington, D.C.
`Tel: (617) 937-2371
`Fax: (202) 842-7899
`Back-up Counsel for Patent Owner
`
`
`
`/s/ Amanda J. Hollis
`Amanda J. Hollis (Reg. No. 55,629)
`
`
`Trademark Office (USPTO), upon:
`
`J. Dean Farmer, Ph.D.
`dfarmer@cooley.com
`zpatdcdocketing@cooley.com
`Cooley LLP
`Attn: Patent Group
`1299 Pennsylvania Ave., NW, Ste. 700
`Washington, D.C.
`Tel: (617) 937-2370
`Fax: (202) 842-7899
`Lead Counsel for Patent Owner
`
`
`
`
`
`
`2
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