`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ENZYMOTEC LTD.,
`
`Petitioner
`
`
`
`
`
`v.
`
`
`
`
`
`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
`
`Patent Owner
`
`
`
`
`CASE: IPR2014-00556
`
`
`
`PETITIONER ENZYMOTEC’S UPDATED MANDATORY NOTICES
`
`
`
`
`
`
`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 37 C.F.R. § 41.8(a)(3), Petitioner Enzymotec Ltd. Hereby
`
`submits the following updated mandatory notices:
`
`NOTICE OF EACH REAL PARTY IN INTEREST
`
`Enzymotec Ltd. and Enzymotec USA, Inc. are the real parties in interest.
`
`NOTICE OF LEAD AND BACKUP COUNSEL
`
`Lead Counsel
`
`Back-up Counsel
`
`Elizabeth J. Holland
`(Reg. No. 47,657)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`eholland@goodwinprocter.com
`Tel: 212-459-7230
`Fax: 212-355-3333
`
`
`
`
`
`
`
`
`
`Cynthia Lambert Hardman
`(Reg. No. 53,179)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`chardman@goodwinprocter.com
`Tel: 212-459-7295
`Fax: 212-355-3333
`
`Daniel P. Margolis
`(pro hac vice)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`dmargolis@goodwinprocter.com
`Tel: 212-813-8800
`Fax: 212-355-3333
`
`
`
`
`1
`
`
`
`
`
`NOTICE OF SERVICE INFORMATION
`
`Please direct all correspondence to lead counsel at the contact information
`
`above. Petitioner consents to service by electronic mail at
`
`eholland@goodwinprocter.com, chardman@goodwinprocter.com,
`
`dmargolis@goodwinprocter.com.
`
`NOTICE OF RELATED MATTERS
`
`The ’351 patent is the subject of an Inter Partes Review that was instituted
`
`on March 24, 2014 (IPR2014-00003). Inter Partes Review IPR2014-00556 has
`
`been joined to IPR2014-00003.
`
`The ’351 patent was asserted in Neptune Technologies and Bioressources,
`
`Inc. (“Neptune”) v. Aker BioMarine ASA et al. (“Aker”), D. Del., 1:12cv1252 and
`
`Investigation No. 337-TA-887 in the U.S. International Trade Commission (the
`
`“ITC Investigation”). These cases have settled.
`
`The ’351 patent is being asserted in Neptune v. Enzymotec Ltd. et al.
`
`(“Enzymotec”), D. Del., 1:12cv1253. This case remains pending against one
`
`defendant, and is currently stayed.
`
` In addition, the ’351 patent is in Ex Parte Reexamination, Control No.
`
`90/012,698. All claims were rejected as anticipated and/or obvious over prior art
`
`in a non-final Office Action. The Ex Parte Reexamination has been stayed
`
`
`
`
`2
`
`
`
`
`
`pending termination or completion of IPR2014-00003. (See IPR2014-00003 at
`
`Paper No. 25.)
`
`The ’351 patent is a continuation of U.S. Pat. 8,030,348 (the “’348 patent”;
`
`Ex. 1069). The ’348 patent was asserted in Neptune v. Aker, D. Del., 1:11cv894.
`
`A motion to dismiss is pending.
`
`The ’348 patent is asserted in Neptune v. Enzymotec Ltd. et al., D. Del.,
`
`1:11cv895. This case remains pending against one defendant, and is currently
`
`stayed.
`
`The ’348 patent is also subject to an Inter Partes Reexamination
`
`(95/001,774). All claims currently stand rejected in an Action Closing
`
`Prosecution.
`
`U.S. Patent No. 8,383,675 (“the ’675 patent”) is a continuation of the ’351
`
`patent. The ’675 patent was asserted in Neptune v. Aker, D. Del., 1:13cv340 and
`
`the ITC Investigation. These cases have settled.
`
`The ’675 patent is asserted in Neptune v. Enzymotec Ltd. et al., D. Del.,
`
`1:13cv341. This case remains pending against one defendant, and is currently
`
`stayed.
`
`The ’675 patent was also the subject of a Petition for Inter Partes Review
`
`(IPR2014-00466). This proceeding has been terminated.
`
`
`
`
`
`
`3
`
`
`
`Dated: October 6, 2014
`
`Respectfully Submitted,
`
`
`
` /
`
` Elizabeth J. Holland /
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No. 53,179)
`Daniel P. Margolis (pro hac vice)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`Tel: 212-813-8800
`Fax: 212-355-3333
`
`
`Counsel for Petitioner Enzymotec Ltd.
`
`
`
`
`4
`
`
`
`
`
`
`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that “PETITIONER ENZYMOTEC’S
`
`UPDATED MANDATORY NOTICES” was served electronically (as consented to
`
`by Patent Owner) on this 6th day of October 2014, as follows:
`
`
`
`
`
`
`
`J. Dean Farmer – IPR2014-00556@cooley.com
`Jonathan Graves – IPR2014-00556@cooley.com
`
`
`
`Dated: October 6, 2014 / Cynthia Lambert Hardman /
`Elizabeth J. Holland ((Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No. 53,179)
`Daniel P. Margolis (pro hac vice)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`Tel: 212-813-8800
`Fax: 212-355-3333
`
`Counsel for Petitioner Enzymotec Ltd.
`
`
`
`
`
`
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