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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`AKER BIOMARINE AS and ENZYMOTEC LTD. and
`ENZYMOTEC USA, INC.,
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`Petitioners,
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`v.
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`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
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`Patent Owner.
`_______________
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`Case Nos. IPR2014-00003 and IPR2014-00556
`Patent 8,278,351 B2
`____________
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`PETITIONERS ENZYMOTEC LTD’S AND ENZYMOTEC USA INC.’S
`NOTICE OF APPEAL TO THE UNITED STATES
`COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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`Notice is hereby given, pursuant to 35 U.S.C. §§ 141(c), 142, and 319, and
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`37 C.F.R. §§ 90.2(a) and 90.3(a), that Petitioners Enzymotec Ltd. and Enzymotec
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`USA, Inc. (collectively, “Petitioners”) appeal from the Patent Trial and Appeal
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`Board’s Final Written Decision entered on March 23, 2015 (Paper 104) and all
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`underlying rulings decided adversely to Petitioners in the above-captioned inter
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`partes review of U.S. Patent No. 8,278,351 to the United States Court of Appeals
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`for the Federal Circuit. This notice is timely filed within 63 days of the Board’s
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`July 9, 2015, Decision on Petitioners’ Request for Rehearing. (Paper 106). 37
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`C.F.R. § 90.3(b)(1).
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`For the limited purpose of 37 C.F.R. § 90.2(a)(3)(ii) (“sufficient information
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`to allow the Director to determine whether to exercise the right to intervene in the
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`appeal”), Petitioners indicate that the issues on appeal include the following: (1)
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`the Board’s determination that claims 5 and 28 were not shown to be unpatentable;
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`(2) the Board’s claim construction of the term “about”; (3) the change in the
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`Board’s claim construction between institution and final decision; (4) the Board’s
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`refusal to revisit its “redundancy” ruling after changing its claim construction; and
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`(5) all other issues decided adversely to Petitioners, including any orders,
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`decisions, rulings and/or opinions.
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`Petitioners are filing a true and correct copy of this Notice of Appeal with
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`the Director of the U.S. Patent and Trademark Office and serving three copies of
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`2
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`this Notice of Appeal, along with the required docketing fees, on the Clerk of the
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`U.S. Court of Appeals for the Federal Circuit as set forth in the accompanying
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`Certificate of Service.
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`Dated: September 8, 2015
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`/s/ Elizabeth J. Holland
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No. 53,179)
`Daniel P. Margolis
`Goodwin Procter LLP
`620 Eighth Avenue
`New York, NY 10018
`Tel: 212-813-8800
`Fax: 212-355-3333
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`Counsel for Petitioners Enzymotec Ltd. and
`Enzymotec USA, Inc.
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`3
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`CERTIFICATE OF SERVICE
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`Per 37 C.F.R. § 42.6(e), and the parties’ agreement to accept electronic
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`service, the foregoing notice of appeal was served via e-mail on the following
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`attorneys for the Patent Owner on September 8, 2015:
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`J. Dean Farmer, Ph.D.
`dfarmer@cooley.com
`zpatdcdocketing@cooley.com
`Cooley LLP
`Attn: Patent Group
`1299 Pennsylvania Ave., N.W., Ste 700
`Washington, D.C.
`Tel. 617-937-2370
`Fax 202-842-7899
`Lead Counsel for Patent Owner
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`John Graves
`jgraves@cooley.com
`zpatdcdocketing@cooley.com
`Cooley LLP
`Attn: Patent Group
`1299 Pennsylvania Ave., N.W., Ste 700
`Washington, D.C.
`Tel. 617-937-2371
`Fax 202-842-7899
`Back-Up Counsel for Patent Owner
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`Per 37 C.F.R. § 90.2(a)(1), the foregoing notice of appeal was filed
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`electronically with the Board in accordance with 37 C.F.R. § 42.6(b), and was
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`mailed to the Director in accordance with 37 C.F.R. § 104.2(a) at the following
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`address, on September 8, 2015:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. box 1450
`Alexandria VA 22314-1450
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`4
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`Per 37 C.F.R. § 90.2(a)(1), Fed. R. App. P. 15, and Fed. Cir. Rules 15 and
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`52, three copies of this notice of appeal are being sent via Federal Express to the
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`Clerk’s Office of the United States Court of Appeals for the Federal Circuit on
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`September 8, 2015, with the appropriate fees paid through pay.gov.
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`/s/ Sarah Fink
`Sarah Fink
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`5
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