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`U.S Patent No. 9,072,752
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________________________
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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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`____________________________
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`Case IPR2018-01730
`U.S Patent No. 9,072,752
`_______________________
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`Patent Owner’s Request for Oral Argument
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`IPR2018-01730
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`U.S Patent No. 9,072,752
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`Pursuant to 37 C.F.R. § 42.70, the Board’s Scheduling Order dated March
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`12, 2019 (Paper 8) and the follow up Order dated June 4, 2019 (Paper 11), Patent
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`Owner respectfully requests an oral argument in connection with IPR2018-01730
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`on U.S. Pat. No. 9,072,752, currently scheduled for Monday, December 9, 2019 at
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`1:00 PM CST in the Texas Regional Office, Terminal Annex Federal Building,
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`207 S. Houston Street, Dallas, Texas 75202. Patent Owner requests sixty (60)
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`minutes total in which to present its arguments.
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`ISSUES TO BE ARGUED:
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`1.
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`The Board should adopt the claim construction positions advanced by
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`Patent Owner.
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`2.
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`Petitioner’s failure to prove that any of claims 1-20 are anticipated or
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`obvious over the references or combinations of references in the following Table:
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`Ground Reference(s)
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`TABLE I
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`Basis
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`Claims Challenged
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`1
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`2
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`3
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`4
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`Catchpole
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`35 U.S.C. § 102(e)
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`1, 5-6, 11
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`Catchpole and
`Sampalis II
`Catchpole, Grynbaum
`and Randolph
`Catchpole and
`Enzymotec
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`35 U.S.C. § 103(a)
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`4, 7, 12-13
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`35 U.S.C. § 103(a)
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`8-10
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`35 U.S.C. § 103(a)
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`1-3, 5-6, 11
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`2
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`IPR2018-01730
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`U.S Patent No. 9,072,752
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`Catchpole, Enzymotec
`and Sampalis II
`Catchpole, Enzymotec,
`Sampalis II, Grynbaum
`and Randolph
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`35 U.S.C. § 103(a)
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`14-16, 20
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`35 U.S.C. § 103(a)
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`17-19
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`Patent Owner’s Motion to Amend the Claims and Petitioner’s failure
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`to demonstrate that contingent substitute claims 21-29 are obvious on the following
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`5
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`6
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`3.
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`grounds:
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`Ground Reference(s)
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`Catchpole, NKO
`(AAPA), Sampalis II
`and Randolph
`Catchpole, NKO
`(AAPA), Sampalis II
`and Randolph
`Catchpole, NKO
`(AAPA), Sampalis II
`and Randolph
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`TABLE I
`Basis
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`35 U.S.C. § 103(a)
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`35 U.S.C. § 103(a)
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`35 U.S.C. § 103(a)
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`Claims Challenged
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`21(1), 24 (4), 25
`(11), 26(12),
`27(13)
`22(2), 23(3),
`25(11). 28(14),
`29(20)
`21(1), 22(2),
`23(3), 24(4),
`25(11), 26(12),
`27(13), 28(14),
`29(20)
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`The content of the prior art at issue.
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`The state of the art at the time of the claimed inventions.
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`7
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`8
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`9
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`4.
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`5.
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`6.
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`The lack of motivation to combine the proposed obviousness
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`references to arrive at the claimed processes as well the lack of a reasonable
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`expectation of success.
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`3
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`IPR2018-01730
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`7.
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`U.S Patent No. 9,072,752
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`Any subsidiary issue relevant to issues (1) to (6), including, without
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`limitation, claim construction, assessment of evidence, and admissibility of
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`evidence or arguments.
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`8. Any issues raised by Petitioner’s request for oral argument.
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`9. Rebuttal to Petitioner’s presentation on all matters.
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`Patent Owner respectfully requests that the Board make available audio-
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`visual equipment, including a projector to be connected to a laptop to display
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`demonstrative exhibits and documents of record.
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`Dated: November 15, 2019
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`Respectfully submitted,
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` /David Casimir/
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`David A. Casimir
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`Reg. No. 42,395
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`Lead Counsel for Patent Owner
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`Casimir Jones S.C.
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`2275 Deming Way, Ste. 310
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`Middleton, WI 52528
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`Tel: 608-662-1277
`Fax: 608-662-1276
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`4
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`IPR2018-01730
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on this 15th day of November 2019, a
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`U.S Patent No. 9,072,752
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`copy of the foregoing Patent Owner’s Request for Oral Argument was served in
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`their entirety electronically (as consented to by Petitioner) to the attorneys of
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`record as follows:
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`752ipr@hbiplaw.com
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`James F. Harrington
`jfhdocket@hbiplaw.com
`Hoffmann & Baron, LLP
`6900 Jericho Turnpike
`Syosset, NY 11791
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`Michael I. Chakansky
`micdocket@hbiplaw.com
`Hoffmann & Baron, LLP
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`Ronald J. Baron
`rjbdocket@hbiplaw.com
`Hoffmann & Baron, LLP
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`John T. Gallagher
`jtgdocket@hbiplaw.com
`Hoffmann & Baron, LLP
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`By: /David A. Casimir/
`David A. Casimir, Ph.D.
`Registration No. 42,395
`Counsel for Patent Owner
`CASIMIR JONES, S.C.
`2275 Deming Way, Suite 310
`Middleton, Wisconsin 53562
`(608) 662-1277
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`5
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