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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 No. IPR2020-01532
`U.S. Patent 9,644,169
`Title: BIOEFFECTIVE KRILL OIL COMPOSITIONS
`_______________________
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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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`IPR2020-01532
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`U.S Patent No. 9,644,169
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`Pursuant to 37 C.F.R. § 42.70, the Board’s Scheduling Order dated April 12,
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`2021 (Paper 6), Patent Owner respectfully requests an oral argument in connection
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`with IPR2020-01532 on U.S. Pat. No. 9,644,169, currently scheduled for January
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`12, 2021, in the USPTO headquarters in Alexandria. Patent Owner requests sixty
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`(60) minutes total in which to present its arguments. Patent Owner also requests
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`that the court reporter be present in the hearing room.
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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 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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`Breivik II (EX1037)
`Catchpole (EX1009)
`Budziński (EX1008)
`Fricke (EX1010)
`Randolph (EX1011)
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`1
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`35 U.S.C. § 103(a)
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`1-5, 7-15, 17-20
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`2
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`IPR2020-01532
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`U.S Patent No. 9,644,169
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`35 U.S.C. § 103(a)
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`6,16
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`Breivik II (EX1037)
`Catchpole (EX1009)
`Budziński (EX1008)
`Fricke (EX1010)
`Randolph (EX1011)
`Sampalis I (EX1012)
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`3.
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`4.
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`5.
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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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`Unavailability of the prior art due to earlier conception and reduction
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`to practice by the inventors.
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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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`7.
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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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`3
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`IPR2020-01532
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`Dated: November 30, 2021
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`U.S Patent No. 9,644,169
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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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`IPR2020-01532
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on this 30th day of November 2021, a
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`U.S Patent No. 9,644,169
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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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`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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