`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ENZYMOTEC LTD.,
`Petitioner
`
`
`v.
`
`
`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
`Patent Owner
`
`
`
`CASE: IPR2014-00556
`
`
`
`STIPULATION BETWEEN PETITIONER ENZYMOTEC LTD.
`AND PETITIONER AKER BIOMARINE AS REGARDING
`COOPERATION IN THE EVENT OF JOINDER OF
`IPR2014-00556 WITH IPR2014-00003
`
`
`
`
`
`
`Mail Stop “PATENT BOARD” Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`Pursuant to guidance received on a June 12, 2014 call with the Board,
`
`Enzymotec Ltd. (“Enzymotec”) and Aker Biomarine AS (“AKBM”) jointly submit
`
`this stipulation to apprise the Board of their agreements to cooperate and to ensure
`
`efficient conduct of the proceedings in the event joinder of IPR2014-00556 with
`
`IPR2014-00003 is allowed.
`
`Enzymotec is the Petitioner in IPR2014-00556, which seeks inter partes
`
`review of Neptune Technologies and Bioressources, Inc.’s U.S. Patent 8,278,351.
`
`Enzymotec filed Petition IPR2014-00556 together with a Motion for Joinder,
`
`seeking to join IPR2014-00556 with IPR2014-00003, which is AKBM’s pending
`
`inter partes review concerning the same patent.
`
`
`
`In the event the Board orders that IPR2014-00556 be instituted and joined
`
`with IPR2014-00003, Enzymotec and Aker have agreed to cooperate as follows to
`
`ensure efficient conduct of these proceedings:
`
`1.
`
`AKBM and Enzymotec will file papers, except for motions
`
`which do not involve the other party, as consolidated filings. AKBM will be
`
`responsible for completing all consolidated filings. AKBM will identify
`
`each such filing as a consolidated filing.
`
`2.
`
`Enzymotec will limit individual filings solely to points of
`
`disagreement with AKBM, if any, or additional points not pertinent to the
`
`issues in AKBM’s filings, if any. Any such filings will not exceed seven
`
`
`
`pages. Enzymotec will not file separate arguments in support of points made
`
`in AKBM’s consolidated filings.
`
`3.
`
`AKBM and Enzymotec will conduct the cross-examination of
`
`any witnesses produced by Neptune and the redirect of any witnesses
`
`produced by AKBM or Enzymotec within the timeframe normally allotted
`
`by the rules for one party, or as otherwise agreed between the parties or
`
`ordered by the Board. AKBM will lead the depositions and Enzymotec will
`
`ask questions only in the time remaining after AKBM concludes.
`
`4.
`
`Joinder will not reduce the time AKBM otherwise would get
`
`for argument at the hearing. Nevertheless, AKBM will not oppose any
`
`request by Enzymotec to seek limited, additional time at the hearing.
`
`5.
`
`AKBM is permitted to present arguments before Enzymotec at
`
`any oral argument.
`
`6.
`
`To the extent the Board considers additional cooperation or
`
`coordination necessary in order to grant Enzymotec’s joinder motion,
`
`AKBM and Enzymotec will promptly meet and confer in good faith to
`
`determine if they can make a reasonable proposal for accomplishing the
`
`same.
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`Dated: June 13, 2014
`
`/ Amanda J. Hollis /
`J. Mitchell Jones, Ph.D. (Reg. No.
`44,174)
`CASIMIR JONES SC
`2275 Deming Way, St. 310
`Middleton, WI 53562
`Tel: (608) 662-1277
`Fax: (608) 662-1276
`
`Back-up Counsel for Petitioner Aker
`Biomarine AS
`
`Amanda J. Hollis
`KIRKLAND & ELLIS LLP
`300 N. LaSalle St.
`Chicago, IL 60654
`Tel: (312) 862-2011
`Fax: (312) 862-2200
`
`Lead Counsel for Petitioner Aker
`Biomarine AS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/ Elizabeth J. Holland /
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: (212) 425-7200
`Fax: (212) 425-5288
`
`
`Counsel for Petitioner Enzymotec Ltd.
`
`
`
`
`
`
`
`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that “STIPULATION BETWEEN
`
`PETITIONER ENZYMOTEC LTD. AND PETITIONER AKER BIOMARINE
`
`AS REGARDING COOPERATION IN THE EVENT OF JOINDER OF IPR2014-
`
`00556 WITH IPR2014-00003,” was served in its entirety by electronic mail this 13
`
`day of June 2014 on the following:
`
`
`
`
`
` / Cynthia Lambert Hardman /
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel: (212) 425-7200
`Fax: (212) 425-5288
`
`Counsel for Petitioner Enzymotec Ltd.
`
`Stephen L. Altieri, Ph.D.
`J. Dean Farmer, Ph.D.
`IPR2014-00556@cooley.com
`
`
`Dated: June 13, 2014
`
`
`
`
`
`
`
`
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