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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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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 IPR: IPR2020-01532
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`U.S. Patent No. 9,644,169 B2
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`Patent Owner’s Submission In Lieu of Denial Motion to Strike
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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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`1
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`Inter Partes Review of US 9,644,169
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`In an e-mail dated October 5, 2021, the Board authorized filing of a three-
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`page paper identifying, by page and line, any evidence or argument in the Reply
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`that it considers to be improper. Petitioner is authorized to file a three-page
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`response to this submission.
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`I.
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`A.
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`Identification of Improper Evidence and Argument
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`“Some months” argument and evidence from Ex. 1160
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`Petitioner’s Reply (Paper 15), p. 20:
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`Turning to Fricke, it cannot be disputed that Fricke describes cooking krill
`to obtain denatured product that was stored for some months, and that the
`resulting extract possessed 1-3% free fatty acids. Exhibit 1010, pp. 0001-
`0003; Tallon Decl., ¶¶ 303-309; Tallon Reply, ¶¶ 68, 105.
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`(Emphasis added).
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`Support for the phrase “some months” comes from Ex. 1160 which was
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`newly filed with Petitioner’s Reply. See Tallon Reply (Ex. 1086) ¶¶63-64, 68.
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`The phrase “some months” does not appear in Ex. 1010 in relation to cooked krill.
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`This is a new argument and new evidence intended to supplement Petitioner’s
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`arguments in the Grounds in the Petition and subsequently instituted by the Board.
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`Petitioner’s Reply (Paper 15), p. 20-21:
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`The Board also concluded that, based on a subsequent Fricke publication
`(Exhibit 2006), the samples processed in Fricke were extracted after being
`stored “some months.” Id., 21-22; see Tallon Reply, ¶¶ 62-65.
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`2
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`Ex. 2006 from IPR2017-00746 is Ex. 1160 in this proceeding, newly filed with
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`Inter Partes Review of US 9,644,169
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`Petitioner’s Reply. This is a new argument and new evidence intended to
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`supplement Petitioner’s arguments in the Grounds in the Petition and subsequently
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`instituted by the Board.
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`B.
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`Statement implicating Grounds other than those that were instituted
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`Petitioner’s Reply (Paper 15), p. 7:
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`As initial matter, Patent Owner erroneously maintains the claims of the ‘169
`patent must be found patentable if Breivik II is antedated. POR, 6. Patent
`Owner ignores, however, that one or more alternative references are
`provided for every limitation for which Breivik II is cited. See, e.g., Petition,
`69-89.
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`This statement implies that there are Grounds that do not include Breivik II.
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`Breivik II is the first reference cited in both instituted Grounds.
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` Respectfully submitted,
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`Dated: November 9, 2021
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`CASIMIR JONES SC
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`By /David Casimir/
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`David Casimir, Reg. No. 42,395
`Email: dacasimir@casimirjones.com
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`John Mitchell Jones, Reg. No, 44,174
`Email: jmjones@casimirjones.com
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`Attorneys for Patent Owner
`Aker Biomarine Antarctic AS
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on this 9th day of November 2021, a
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`Inter Partes Review of US 9,644,169
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`copy of the foregoing Patent Owner’s Sur-Reply to Petitioner’s Reply, Patent
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`Owner’s Updated Exhibit List, Patent Owner’s Submission In Lieu of Denial
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`Motion to Strike and Exhibit 2024 were served in their entirety electronically (as
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`consented to by Petitioner) to the attorneys of record as follows:
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`169ipr@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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`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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`4
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