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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`RIMFROST AS
`
`Petitioner
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS
`
`Patent Owner
`
`
`
`Case No. IPR2018-01178
`U.S. Patent 9,375,453
`Issue Date: June 28, 2016
`Title: Methods for Producing Bioeffective Krill oil Compositions
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`
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`PATENT OWNER’S MANDATORY NOTICES PURSUANT TO
` 37 C.F.R. § 42.8
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`
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`
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
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`
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`Case No.: IPR2018-01178
`Attorney Docket No. AKBM-36663/US-1/IPR
`Patent Owner’s Mandatory Notices
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`PATENT OWNER’S MANDATORY NOTICES UNDER
` 37 C.F.R. § 42.8
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`
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`Real Party-In-Interest under 37 C.F.R. § 42.8(b)(1).
`1.
`Aker BioMarine Antarctic AS is the Patent Owner and the real party-in interest in this
`
`proceeding.
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`Related Matters under 37 C.F.R. § 42.8(b)(2).
`2.
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`The following judicial or administrative matters may affect or be affected by a decision in
`this proceeding:
`
`Aker has asserted two patents – U.S. Patent Nos. 9,078,905 and 9,028,877 in a pending
`lawsuit brought by Aker Biomarine Antarctic AS against Olympic Holding AS; Rimfrost AS;
`Emerald Fisheries AS, Rimfrost USA, LLC; Avoca Inc.; and Bioriginal Food & Science Corp.
`Case No. 1:16-CV-00035-LPS-CJB (D. Del.). The litigation was stayed pursuant to 28 U.S.C. §
`1659 in view of Investigation No. 337-TA-1019 instituted by the United States International
`Trade Commission on September 16, 2016 as noticed in the Federal Register. The ITC
`proceeding, entitled In the Matter of Certain Krill Oil Products and Krill Meal for Production of
`Krill Oil Products, related to U.S. Patent Nos. 9,028,877; 9,078,905; 9,072,752; 9,320,765; and
`9,375,453. The ITC investigation listed as respondents Olympic Holding AS, Rimfrost AS,
`Emerald Fisheries AS, Avoca Inc., Rimfrost USA, LLC, Rimfrost New Zealand Limited and
`Bioriginal Food & Science Corp. On May 23, 2017, pursuant to motions to terminate, ITC
`Investigation No. 337-TA-1019 was effectively terminated. In addition, a Stipulation of
`Dismissal as to Avoca Inc. was So Ordered by the Delaware District Court on May 30, 2017. On
`January 27, 2017, Petitioner filed IPR2017-0745 and IPR2017-0747 seeking inter partes review
`of Claims 1-20 of U.S. Patent No. 9,078,905. On February 3, 2017, Petitioner filed IPR2017-046
`and IPR-2017-0748 seeking inter partes review of Claims 1-19 of U.S. Patent No. 9,028,877. All
`of the IPRs were instituted on August 16, 2017. The Delaware District Court action was stayed
`by the Court on September 6, 2017 pending resolution of the instated IPRs.
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`1
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`
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`Case No.: IPR2018-01178
`Attorney Docket No. AKBM-36663/US-1/IPR
`Patent Owner’s Mandatory Notices
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`
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`Lead and Back-Up Counsel under 37 C.F.R. § 42.8(b)(3).
`The Patent Owner designates the following lead and back-up counsel.
`LEAD COUNSEL
`BACK-UP COUNSEL
`David A. Casimir, Ph.D.
`J. Mitchell Jones, Ph.D.
`(Reg. No. 42,395)
`(Reg. No. 44,174)
`dacasimir@casimirjones.com
`jmjones@casimirjones.com
`docketing@casimirjones.com
`docketing@casimirjones.com
`
`
`CASIMIR JONES S.C.
`CASIMIR JONES S.C.
`2275 Deming Way, Suite 310
`2275 Deming Way, Suite 310
`Middleton, WI 53562
`Middleton, WI 53562
`(608) 662-1277 (phone)
`(608) 662-1277 (phone)
`(608) 662-1276 (facsimile)
`(608) 662-1276 (facsimile)
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`3.
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`The Office is authorized to charge fee deficiencies to Deposit Account 50-4302.
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`Service Information under 37 C.F.R. § 42.8(b)(4).
`4.
`Please address all correspondence to the lead and back-up counsel at the address as
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`shown above. Patent Owner also consents to electronic service by e-mail at:
`docketing@casimirjones.com , dacasimir@casimirjones.com , and jmjones@casimirjones.com .
`
`
`
`Date: July 16, 2018
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`
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`CASIMIR JONES S.C.
`2275 Deming Way, Suite 310
`Middleton, WI 53562
`
`(608) 662-1277 (phone)
`(608) 662-1276 (facsimile)
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`Respectfully submitted,
`Casimir Jones, S.C.
`
`By:
`
`
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`/David A. Casimir/
`David A. Casimir, Ph.D.
`Reg. No. 42,395
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`2
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