`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PAPER NO. 28
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________
`
`RIMFROST AS
`
`Petitioner
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS
`
`Patent Owner
`
`_______________________
`
`IPR2018-01730
`
`U.S. Patent No. 9,072,752
`
`_______________________
`
`PETITIONER’S
`
`REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`IPR2018-01730
`
`
`
`
`
`
`
`
`U.S. Patent No. 9,072,752
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`Pursuant to 37 C.F.R § 42.70, the Scheduling Order and follow up Order
`
`
`
`
`
`dated March 12, 2019 (Paper 8) and June 4, 2019 (Paper 11), respectively,
`
`Petitioner Rimfrost AS respectfully requests oral argument in connection with
`
`IPR2018-01730, currently scheduled for Monday, December 9, 2019 at 1:00 PM
`
`CST in the Texas Regional Office, Terminal Annex Federal Building, 207 S.
`
`Houston Street, Dallas, Texas 75202. Petitioner requests sixty (60) minutes in
`
`which to present its arguments regarding its Petition (Paper 2) and its Opposition to
`
`Patent Owner’s Motion to Amend (Paper 12). Petitioner also requests that the
`
`court reporter be present in the hearing room.
`
`
`
`
`
`In accordance with 37 C.F.R § 42.70 and without intending to waive any
`
`issue not specifically identified, Petitioner specifies the following issues to be
`
`argued:
`
`
`
`1.
`
`That the claims of U.S. Patent No. 9,072,752 are not patentable over
`
`the applied art on the grounds presented in the Petition as summarized in Table I
`
`below.
`
`
`
`
`
`2
`
`
`
`
`
`U.S. Patent No. 9,072,752
`
`
`
`TABLE I
`
`Reference(s)
`
`Basis
`
`Catchpole
`
`35 U.S.C. § 102(e)
`
`35 U.S.C. § 103(a)
`
`35 U.S.C. § 103(a)
`
`Claims
`Challenged
`1, 5-6, 11
`
`4, 7, 12-13
`
`8-10
`
`
`35 U.S.C. § 103(a)
`
`1-3, 5-6, 11
`
`35 U.S.C. § 103(a)
`
`14-16, 20
`
`35 U.S.C. § 103(a)
`
`17-19
`
`IPR2018-01730
`
`
`
`
`
`
`
`Ground
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`Catchpole and
`Sampalis II
`
`Catchpole, Grynbaum
`and Randolph
`
`Catchpole and
`Enzymotec
`
`Catchpole, Enzymotec
`and Sampalis II
`
`Catchpole, Enzymotec,
`Sampalis II, Grynbaum
`and
`Randolph
`
`
`
`
`
`
`2.
`
`That Patent Owner’s (“PO’s”) Motion to Amend the Claims (“MTA”)
`
`(Paper 12) be denied as the proposed substitute claims are not patentable over the
`
`applied art on the grounds presented in the Petition, Petitioner’s Opposition to
`
`PO’s MTA (Paper 19) and Petitioner’s Sur-Reply to PO’s Reply to Petitioner’s
`
`Opposition to PO’s MTA (Paper TBD) and as summarized in Table II below.
`
`(The proposed substitute claim is followed by the claim, in italics, it
`
`amends/substitutes.)
`
`
`
`3
`
`
`
`IPR2018-01730
`
`
`
`Ground
`
`
`Reference(s)
`
`
`
`U.S. Patent No. 9,072,752
`
`
`TABLE II
`
`
`Basis
`
`
`35 U.S.C.
`§ 103(a)
`
`Amended Claims
`Challenged
`(Original Claims)
`
`
`21(1), 24(4), 25(11),
`26(12), 27(13)
`
`
`Catchpole, NKO
`(AAPA), Sampalis II
`and Randolph
`
`
`Catchpole, Enzymotec,
`NKO (AAPA),
`Sampalis II and
`Randolph
`
`
`Catchpole, Enzymotec,
`NKO (AAPA),
`Sampalis II and
`Randolph
`
`
` 7
`
`
`
` 8
`
`
`
` 9
`
`
`
`
`35 U.S.C.
`§ 103(a)
`
`
`22(2), 23(3), 25(11),
`28(14), 29(20)
`
`
`35 U.S.C.
`§ 103(a)
`
`
`21(1), 22(2), 23(3), 24(4),
`25(11), 26(12), 27(13)
`28(14), 29(20)
`
`
`
`
`
`3.
`
`That a POSITA would have been motivated to combine the applied
`
`references and would have had a reasonable expectation of success in so doing.
`
`Any issues raised by Patent Owner in its Request for Oral Argument.
`
`Rebuttal to Patent Owner’s oral argument and presentation on all
`
`
`
`
`
`4.
`
`5.
`
`matters.
`
`
`
`5.
`
`Any objections to evidence, and any motions to exclude and
`
`oppositions thereto.
`
`
`
`4
`
`
`
`IPR2018-01730
`
`
`
`
`6.
`
`
`
`U.S. Patent No. 9,072,752
`
`Any other issues that the Board deems necessary for issuing a final
`
`written decision.
`
`
`
`Petitioner respectfully requests that the Board make available audio-visual
`
`equipment, including a projector to be connected to a laptop and an ELMO, to
`
`display demonstrative exhibits and documents of record.
`
`
`
`Dated: November 12, 2019
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Michael I. Chakansky/
`Michael I. Chakansky (Reg. No. 31,600)
`Hoffmann & Baron, LLP
`6 Campus Drive
`
`Parsippany, N.J. 07054
`mchakansky@hbiplaw.com
`Tel: 973.331.1700
`
`First Back-Up Counsel for
`Petitioner Rimfrost, AS
`
`
`
`5
`
`
`
`IPR2018-01730
`
`
`
`
`
`
`U.S. Patent No. 9,072,752
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on this the 12th day of November, 2019, the foregoing
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT was served in its entirety
`
`on the following counsel of record by electronic service by email at the email
`
`addresses as set forth below in accordance with the consent set forth in Patent
`
`Owner’s Mandatory Notices Pursuant to 37 C.F.R. § 42.8 (Paper No. 4).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`David A. Casimir
`
`J. Mitchell Jones
`CASIMIR JONES S.C.
`2275 Deming Way, Suite 310
`Middleton, WI 53562
`
`
`
`
`
`docketing@casimirjones.com
`dacasimir@casimirjones.com
`jmjones@casimirjones.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`/Michael I. Chakansky/
`Michael I. Chakansky (Reg. No. 31,600)
`Hoffmann & Baron, LLP
`4 Century Drive
`
`Parsippany, N.J. 07054
`mchakansky@hbiplaw.com
`Tel: 973.331.1700
`
`
`
`
`6
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
