`571-272-7822
`
`
`
`
`
`
`
`
`Paper 94
`Date: October 6, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AKER BIOMARINE AS and
`ENZYMOTEC LTD. and ENZYMOTEC USA, INC.,
`Petitioner,
`
`v.
`
`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
`Patent Owner.
`____________
`
`Case IPR2014-000031
`Patent 8,278,351 B2
`____________
`
`Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Patent Owner, Neptune Technologies and Bioressources Inc., and
`
`
`
`Petitioners, Aker BioMarine AS, and Enzymotec Ltd. and Enzymotec USA,
`
`Inc., requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 88 and
`
`
`1 Case IPR2014-00556 has been joined with this proceeding.
`
`
`
`
`
`
`
`IPR2014-00003
`Patent 8,278,351 B2
`
`
`91. The requests are granted. Oral arguments will commence at 10:00 AM
`
`
`
`Eastern Time on Friday, October 31, 2014, on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia.
`
`Petitioners and Patent Owner will each have sixty (60) minutes of
`
`total time to present arguments. Petitioners bear the ultimate burden of
`
`proof that Patent Owner’s claims at issue in this review are unpatentable.
`
`Petitioners will, therefore, open the hearing by presenting their case
`
`regarding the challenged claims and grounds for which the Board instituted
`
`trial. Patent Owner will then respond to Petitioners’ arguments. Petitioners
`
`may reserve time to respond to arguments presented by Patent Owner.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. The Board will
`
`provide a court reporter, and the transcript shall constitute the official record
`
`of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least five business days before the hearing. The Board requests that such
`
`exhibits be filed at the Board at least five business days before the hearing.
`
`The parties must file any objections to the demonstratives with the Board at
`
`least two business days before the hearing. Any objection to demonstrative
`
`exhibits that is not timely presented will be considered waived. The
`
`objections should identify with particularity which demonstratives are
`
`subject to objection, and include a short (one sentence or less) statement of
`
`the reason for each objection. No argument or further explanation is
`
`permitted. The Board will consider the objections and schedule a
`
`conference if deemed necessary. Otherwise, the Board will reserve ruling on
`
`the objections until after the oral argument. The parties are directed to
`
`2
`
`
`
`
`IPR2014-00003
`Patent 8,278,351 B2
`
`
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`
`
`
`University of Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper
`
`65), for guidance regarding the appropriate content of demonstrative
`
`exhibits.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. Any counsel of record, however, may present the party’s
`
`argument. If either party anticipates that its lead counsel will not be
`
`attending the oral argument, the parties should initiate a joint telephone
`
`conference with the Board no later than two business days prior to the oral
`
`hearing to discuss the matter.
`
`Any special requests for audio visual equipment should be directed to
`
`Trials@uspto.gov.
`
`Accordingly, it is
`
`ORDERED that oral arguments in this proceeding shall take place
`
`beginning at 10:00 AM Eastern Time on Friday, October 31, 2014, on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria; and
`
`FURTHER ORDERED that the parties are authorized to file
`
`objections to demonstrative exhibits no later than two business days before
`
`the hearing.
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2014-00003
`Patent 8,278,351 B2
`
`
`For PETITIONER:
`
`Amanda Hollis
`amanda.hollis@kirkland.com
`
`
` For PATENT OWNER:
`
`Dean Farmer
`dfarmer@cooley.com
`
`
`
`
`4
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
