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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RIMFROST AS
`
`Petitioner
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`v.
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`AKER BIOMARINE ANTARCTIC AS
`
`Patent Owner
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`
`
`Case No. IPR2018-01730
`U.S. Patent 9,072,752
`Issue Date: July 7, 2015
`Title: Bioeffective Krill Oil Compositions
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`PATENT OWNER’S MANDATORY NOTICES PURSUANT TO
` 37 C.F.R. § 42.8
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`Case No.: IPR2018-01730
`Attorney Docket No. AKBM-36992/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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`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.
`
`2. Related Matters under 37 C.F.R. § 42.8(b)(2).
`
`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 litigation 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.
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`Case No.: IPR2018-01730
`Attorney Docket No. AKBM-36992/US-1/IPR
`Patent Owner’s Mandatory Notices
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`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. On
`August 24, 2018, the Board ruled that claims 1-20 of U.S. Patent No. 9,078,905
`and claims 1-19 of U.S. Patent Nos. 9,028,877 are unpatentable.
`On December 15, 2017, Petitioner filed a petition in IPR2018-00295
`requesting review of claims 1-48 of U.S. Patent No. 9,320,765. This IPR was
`instituted on June 14, 2018.
`On February 9, 2018, Petitioner filed a petition in PGR2018-0033 requesting
`review of claims 1-20 of U.S. Patent No. 9,644, 170 (“the ‘170 patent”. On August
`29, 2018, the Board determined that the ‘170 patent was not eligible for post grant
`review.
`On June 26, 2018, Petitioner filed petitions in IPR2018-01178 and IPR2018-
`01179 requesting review of claims 1-31 and claims 32-61 of U.S. Patent No.
`9,375,453, respectively. The Board has not yet issued an Institution Decision for
`either of these reviews.
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`Case No.: IPR2018-01730
`Attorney Docket No. AKBM-36992/US-1/IPR
`Patent Owner’s Mandatory Notices
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`3. Lead and Back-Up Counsel under 37 C.F.R. § 42.8(b)(3).
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`The Patent Owner designates the following lead and back-up counsel.
`LEAD COUNSEL
`BACK-UP COUNSEL
`J. Mitchell Jones, Ph.D.
`David A. Casimir, Ph.D.
`(Reg. No. 44,174)
`(Reg. No. 42,395)
`jmjones@casimirjones.com
`dacasimir@casimirjones.com
`docketing@casimirjones.com
`docketing@casimirjones.com
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`
`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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`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
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`address as shown above. Patent Owner also consents to electronic service by e-
`mail at: docketing@casimirjones.com , dacasimir@casimirjones.com , and
`jmjones@casimirjones.com .
`
`The Office is authorized to charge fee deficiencies to Deposit Account 50-
`4302.
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`Date: October 12, 2018
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`Respectfully submitted,
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`By: /David A. Casimir/
`David A. Casimir, Ph.D.
`Registration No. 42,395
`CASIMIR JONES, S.C.
`2275 Deming Way, Suite 310
`Middleton, Wisconsin 53562
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