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`UNITED STATES PATENT AND TRADEMARK OFFICE
`------------------------------------------- x
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`------------------------------------------- x
`RIMFROST AS
` PETITIONER
`v.
`AKER BIOMARINE ANTARCTIC AS
` PATENT OWNER
`CASE: IPR2020-01532
`U.S. PATENT NO. 9,644,169 B2
`------------------------------------------ x
` (CONTINUED ON NEXT PAGE)
`
` September 13, 2021
` 8:48 a.m.
`
` EXAMINATION of DR. JACEK JACZYNSKI
`taken pursuant to Notice, held via Zoom, before
`Fran Insley, a Notary Public of the States of
`New York and New Jersey.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RIMFROST AS
` PETITIONER
`v.
`AKER BIOMARINE ANTARCTIC AS
` PATENT OWNER
`CASE: IPR2020-01532
`U.S. PATENT NO. 9,644,169 B2
`------------------------------------------ x
` (CONTINUED ON NEXT PAGE)
`
` September 13, 2021
` 8:48 a.m.
`
` EXAMINATION of DR. JACEK JACZYNSKI
`taken pursuant to Notice, held via Zoom, before
`Fran Insley, a Notary Public of the States of
`New York and New Jersey.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`------------------------------------------- x
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RIMFROST AS
` PETITIONER
`v.
`AKER BIOMARINE ANTARCTIC AS
` PATENT OWNER
`CASE: IPR2020-01533
`U.S. PATENT NO. 9,816,046 B2
`------------------------------------------ x
`
` September 13, 2021
` 8:48 a.m.
`
` EXAMINATION of DR. JACEK JACZYNSKI
`taken pursuant to Notice, held via Zoom, before
`Fran Insley, a Notary Public of the States of
`New York and New Jersey.
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`A P P E A R A N C E S:
` HOFFMANN & BARON, LLP
`
` Attorneys for Petitioner
`
` 4 Century Drive
` Parsippany, N.J. 07054
` BY: MICHAEL I. CHAKANSKY, ESQ.
` Phone: (973) 331-1700
` E-mail: Mchakansky@hbiplaw.com
`
` CASIMIR JONES S.C.
` Attorney for Witness
` 2275 Deming Way, Suite 310
` Middleton, W.I. 53562
` BY: J. MITCHELL JONES, ESQ.
` E-mail: Jmjones@casimirjones.com
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`Page 4
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`--------------- I N D E X -----------------
`WITNESS EXAMINATION BY PAGE
`DR. JACZYNSKI MR. CHAKANSKY 5
` MR. JONES 160
` MR. CHAKANSKY 172
`--------- EXHIBITS PREVIOUSLY MARKED ----------
` DESCRIPTION PAGE
`Exhibit 2015 '046 Declaration 14
`Exhibit 2003 Document 15
`Exhibit 1008 Publication 20
`Exhibit 1032 Publication 20
`Exhibit 2016 Definition Cambridge English
` Dictionary 26
`Exhibit 1037 Document 30
`Exhibit 1001 Patent '046 35
`Exhibit 2011 Document 58
`Exhibit 1017 Folch 149
` (No exhibits marked.)
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`Page 5
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` JACZYNSKI
`J A C K J A C Z Y N S K I,
`having been first duly sworn by the
` Notary Public, was examined and
` testified as follows:
`BY MR. CHAKANSKY:
` Q. Good morning, Dr. Jaczynski.
` A. Good morning.
` Q. Let me just put a couple of
`logistics together. You're being deposed in
`connection with two interparty reviews at the
`U.S. Patent and Trademark Office before the
`patent trial and appeal board. You are being
`deposed in case IPR2020-01533 for U.S. Patent
`No. 9,816,046, as well as Case No. IPR2020-1532
`U.S. Patent 9,644,169. Additionally, you
`submitted separate declarations in each of
`these IPRs. Both of the exhibits given number
`2015.
` MR. CHAKANSKY: And at this point,
` I'd like to ask Mitch, to save time, if
` there is a paragraph in say the '046 IPR
` declaration that's exactly the same as in
` the 169 declaration, can we assume that
` the answer would be the same for both?
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` JACZYNSKI
` MR. JONES: Yes.
` MR. CHAKANSKY: All right. So if
` there is an answer for one paragraph
` exactly the same as the other one, it
` might be a different number, but the
` contents is exactly the same, then we can
` attribute the answer to both?
` MR. JONES: Yes, I believe so.
` MR. CHAKANSKY: And there are some
` differences.
` Q. Additionally, when we refer to
`exhibits, Aker has Bates stamped them with a
`page number that is four digits. So if we
`start -- if I say page number 0035, it's
`referring to the Bates numbered page as opposed
`to the document may have its own page.
` MR. CHAKANSKY: Did I forget
` anything else, Mitch, insofar as how these
` documents are laid out?
` MR. JONES: No, that sounds right.
` Except the fact that I believe that the
` exhibits for both cases are the same like
` you said except for, you know, some
` differences in the Jaczynski declaration
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`Page 7
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` JACZYNSKI
` and there is also some differences in
` Exhibit 2001, which is the Tilseth
` declaration. One is for the -- specific
` to the '169 patent and the other one is
` specifically the '046 patent.
` MR. CHAKANSKY: Okay. So in the
` same way that Dr. Jaczynski presented two
` declarations, one for each of the IPR's,
` Dr. Tilseth did and his exhibit for the
` declarations are Exhibits 2001 and 2001?
` MR. JONES: Correct, yes.
` Q. Dr. Jaczynski, did you prepare for
`today's deposition?
` A. Yes, I did.
` Q. And how did you prepare, Dr.
`Jaczynski?
` A. I reviewed files that I have
`available.
` Q. Would those files be the documents
`you referred to in your declaration as having
`reviewed for the declaration?
` A. Yes.
` Q. Were there any additional documents
`that are not identified in your -- and can I --
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` JACZYNSKI
`let me start sharing. It will be easier. I'm
`going to put this on and make sure everybody
`can see. Can everybody see this and read it?
` A. I can see it.
` Q. Can you read it, Dr. Jaczynski?
` A. Yes.
` Q. If you want me to make it bigger,
`just let me know.
` A. Sure.
` Q. For example, paragraph five of your
`'046 declaration, Exhibit 2015, references some
`documents. Are those the documents -- are all
`the documents that you reviewed included in
`this listing?
` A. Let me just double-check. (Witness
`reviewing document.) Sure. They look about
`right.
` Q. Just for the record, until I say
`otherwise, I am going to be just -- when I talk
`about your declaration, looking at your
`declaration from what I call the '046 IPR,
`that's the one involving U.S. Patent No.
`9,816,046. And the '046 at the end is how I'm
`referring to the IPR.
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` JACZYNSKI
` A. Maybe I'll just -- if I may, I'll
`just make one extra note. I reviewed my own
`references as well.
` Q. What would your own references be?
` A. Just provide extra background.
` Q. Are those documents that you
`authored or somebody else?
` A. Somebody else, my own papers, some
`extra papers. I believe there is reference to
`those extra materials. Some were along the
`lines in my declaration. There you go last
`bullet.
` Q. So they are all referenced directly
`or indirectly in your declaration?
` A. Pretty much, yep.
` Q. What do you mean by "indirectly"?
` A. Just to provide some extra
`background.
` Q. So there would be materials
`referenced that would be from background but
`you're not identifying it; is that it?
` A. Sure.
` Q. Okay. And would you tell us if you
`are using one of those references that are not
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` JACZYNSKI
`directly or indirectly -- that are indirectly
`referenced in your declaration if any in your
`responses?
` A. Just again, it's a general
`background. I can site one of our papers on
`krill oil extraction. I believe it was -- I
`can look it up really quick just to kind of
`give it to you.
` Q. Can you give us -- do you know the
`number of that patent?
` A. It's not a patent. It is a paper.
`It is a publication. Let me just go to it. I
`always use it whenever I think about krill. It
`is our key paper. Let me just get to it. It
`was published in 2007 as a special article and
`that was the Nutrition Reviews journal, high
`quality journal, and we have a lot of citations
`on these papers. So that is what I kind of use
`as a background. It is a general krill for
`human consumption -- I'm going to read the
`title, "Krill for Human Consumption Nutritional
`Value and Potential Health Benefits."
` Q. Can you e-mail a copy of that to
`your attorney, and I'll ask for a copy of that,
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` JACZYNSKI
`Mitch?
` MR. JONES: Yes.
` MR. CHAKANSKY: So he referred to it
` in his preparation.
` A. I just used this as a reference as a
`background to just get ballpark. Should I
`e-mail it right now to Mr. Jones?
` Q. Yes.
` A. Give me just one second.
` Q. Take your time.
` A. Thank you. I just e-mailed it to
`Mr. Jones.
` MR. CHAKANSKY: Mitch, when you get
` it, if you could just forward it to me. I
` would appreciate it.
` Q. While that is going on, Dr.
`Jaczynski, have you been deposed before?
` A. Yes, I have.
` Q. How many times?
` A. I believe -- not too many, but I'm
`going to say twice.
` Q. And did those depositions involve
`patents?
` A. Yes.
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` Q. And did they involve krill patents?
` A. Yes, they did.
` Q. And were you representing -- were
`they in connection -- were those depositions in
`connection with either expert reports or
`declarations you had submitted?
` A. That's my understanding, yes.
` Q. And were you representing Neptune
`Technologies and Bioresources at the time?
` A. Yes. We just went by Neptune. I
`can't remember the full name but you're
`probably correct. We just went with the name
`Neptune.
` Q. And did Neptune have a krill oil
`product in 2006?
` A. Based on my memory, yes, they did.
` Q. Did you know anything about the --
`okay. What do you know about the method by
`which Neptune extracted krill oil?
` A. Again, that was sometime ago, but
`I'm going to use my best memory, and they just
`used organic solvents to extract oil from
`krill.
` Q. Was the organic solvent acetone?
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` JACZYNSKI
` A. Most likely it was one of them.
` Q. And do you know where the extraction
`occurred?
` A. Again, with certainty, I believe it
`was mostly onshore, on land.
` Q. And would Sherbrooke Canada refresh
`your recollection?
` A. Sure. That rings a bell. I
`remember it was some later on development.
` Q. That's okay.
` A. It was, like, explosion at one
`facility, some casualty. So that was kind of
`an unfortunate tragedy. That's what I
`remember.
` Q. So Neptune extracted it's krill oil
`on land?
` A. Correct.
` Q. And they used an organic solvent,
`correct?
` A. Correct.
` Q. In fact, it would be a polar
`solvent, correct?
` A. Sure.
` Q. Are you familiar with Enzymotec as a
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` JACZYNSKI
`provider of krill oil?
` A. A little bit, yes.
` Q. And do you recall where they
`extracted the krill oil?
` A. Again, I'm using my best
`recollection and trying to remember, but I knew
`Enzymotec less. It was a long time ago, but I
`believe it was mostly onshore on land, but I
`believe they had some, like, again, follow-up
`developments and they outsourced somehow their
`extraction. So it was -- I'm not really sure
`but I would say most likely on land.
` Q. Would it refresh your recollection
`that it was in India that they extracted their
`krill oil?
` A. Correct. Now that you said it, yes,
`I do remember, to some extent. It was --
`again, I think that was later on. Again, I'm
`using my best recollection, that it was later
`on. I think they moved on to, like, an
`outsourcing facility in India. You're right.
` Q. Going to paragraph 7 of your
`declaration, Exhibit 2015 of the '046 patent,
`you talk about, "The relevant field for the
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` JACZYNSKI
`'046 patent included the extraction of lipids
`from natural sources," of which you consider
`yourself to be an expert. Can you tell us what
`your experience is with the extraction of
`lipids from natural sources?
` A. I'm not sure where I should start.
`So maybe you can --
` Q. Have you ever worked on a -- the
`commercial extraction of krill oil from a krill
`meal or krill product?
` A. Commercial extraction, as in, for
`sale, no, I have not.
` Q. Have you ever worked on the
`extraction of krill oil from a krill meal or
`krill product in a pilot test extraction?
` A. I would say no.
` Q. Have you ever been on a ship such as
`referred to in Exhibit 2003 the FT Atlantic
`Navigator?
` A. I have been on a huge ship but not
`specific fishing ships, but not really on a
`krill fishing ship. I wish I did but
`unfortunately I have not.
` Q. Okay. So the answer would be that
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`you have never personally observed and
`participated on board a ship collecting krill
`and processing it?
` A. As a commercial enterprise, no, I
`have not, not personally.
` Q. Have you ever been on a ship
`collecting krill, commercial or not?
` A. No.
` Q. What is your understanding of -- in
`general, of the extraction of krill oil from
`krill meal or krill product?
` A. Just in general terms, the objective
`is to extract lipid from krill, so you use a
`variety of techniques to extract.
` Q. How are -- let's talk about the
`first part of it, which is catching the krill.
`What is your understanding of how that --
` A. Excuse me, I didn't catch one word.
`If you can repeat.
` Q. Oh absolutely, sorry.
` A. Thank you.
` Q. Dr. Jaczynski, with respect to the
`part of the process for ultimately extracting
`krill oil, what is your understanding of how
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`krill are caught and initially processed?
` A. I believe it was different
`techniques to catch krill itself. They are
`pumped. So they can be alive while being
`caught. I have seen specially designed
`catching gear, so they can just be hulled on
`board, but I think right now, again, right now
`what makes sense and I think it's kind of
`taking over is pumping krill on board. So
`that's the initial step in processing.
` Q. And what would be the next step
`after pumping it on board?
` A. It really depends on what you want
`to process and what you end up with, and I
`think of several options. So you can heat, you
`can dehydrate, you can reduce the size, you can
`freeze. Again, it is really -- I think if you
`read key publications like Budzinski and
`Granthan, they provide a good overview of what
`can be done, has been done with krill after
`catch.
` Q. You mentioned pumping the krill on
`to the ship. Does that harm the krill at all?
` A. Again, krill is small and I'm sure
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` JACZYNSKI
`it does to some extent, but the point is to
`reduce breakage. They are fragile. They are
`small. So I would say if you compare, just
`say, old school Medgear versus pumping krill
`you probably have less damage, physical damage
`to krill being pumped on board.
` Q. But there is some damage to the
`krill when it is pumped on board a ship?
` A. Probably.
` Q. Okay. Do the processes, after the
`krill is brought on the ship, include reducing
`the water content of the shrimp?
` A. You mean krill?
` Q. Not the shrimp, sorry, krill. Thank
`you.
` A. No problem. They are similar but
`they are really different.
` Q. Let me ask it again then,
`Dr. Jaczynski. Is it usual that the water
`associated with krill are reduced or removed as
`one of the -- as part of the initial process on
`board a ship to the extent that you know?
` A. It may be. Again, it depends on
`what your final objective is. So it may be.
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`Page 19
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` JACZYNSKI
` Q. Are there cases where you would not
`reduce the water content of the krill after --
`on board the ship?
` A. If you want to -- I would say if you
`want to make frozen block, fresh, frozen, then
`you probably would not. If you want to,
`like -- if you want to recover tail meat, then
`you probably would not either.
` Q. And are you talking about the water
`content internal to the krill, or are you
`referring to that, or are you also including
`the water -- when it's pumped on board it's in
`a -- it's associated with water, sea water. Is
`the sea water removed?
` A. Most of it yes, I would say it is.
`So when I say "water" or "moisture reduction"
`in krill, I mean just krill and not water.
` Q. And how is the sea water removed, to
`your knowledge?
` A. To my knowledge, again, I'm not
`really sure, but I would believe it's a simple
`straining procedure. I don't -- again, I don't
`really know how water is, per se, removed, but
`I don't think there's a complicated procedure.
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`RIMFROST EXHIBIT 1170 Page 0019
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` JACZYNSKI
` Q. But would that procedure further
`damage the krill, break it up?
` A. It could. Yes, it could. Well, if
`you read -- again, I'm going to refer back to
`the Budzinski and Granthan as key references
`for krill processing, they would usually --
`they suggest, at least in those publications,
`they would just leave krill to just drain by
`itself and they talk about, like, thin layers
`to reduce damage.
` MR. CHAKANSKY: Just for the record,
` those are Exhibits 1008 and 1032,
` respectively.
` Q. Now, you mentioned if you wanted
`frozen krill on board the ship. Have you heard
`of freeze-drying the krill on board the ship?
` A. I think I have seen a video a long
`time ago. I know they freeze-dry in a lab.
`Back to your question about pilot scale, it
`really depends on how you define pilot-level
`processing. But we have a large freeze-dry in
`the lab, and you know, quite often we
`freeze-dry krill in our lab. Again, that
`freeze-dry is kind of large. It exceeds our
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` JACZYNSKI
`need for the lab scale. So that specific piece
`of equipment, it could be classified as a
`pilot-level equipment. But back to your
`question, I think I have heard of some
`freeze-drying, the possibility of
`freeze-drying, but I have not seen it myself on
`board.
` Q. Going to paragraph 9 of your
`declaration, you talk about claim construction
`and you state, "That the meaning and terms used
`in the claims should be understood primarily in
`view of the intrinsic record, including the
`specification and file history." Is that your
`understanding, and is that what you applied in
`your declarations? And I can highlight it.
` A. Thank you. I can see it. Yes, it
`is my understanding, yes.
` Q. What is your -- is a dictionary part
`of the intrinsic record, to your understanding?
` A. Sure.
` Q. Is an expert's declaration part of
`the intrinsic record?
` MR. JONES: I'm going to object to
` that as calling for a legal conclusion if
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`RIMFROST EXHIBIT 1170 Page 0021
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`Page 22
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` JACZYNSKI
` you're using the term as a term of art
` and, you know, specific to claim
` construction in a legal sense.
` MR. CHAKANSKY: Well, I want to
` understand. The witness has testified
` that he used -- that claims are used in
` terms of the intrinsic record and that's
` what he did in looking at the claims. He
` construed claims. He construed krill
` meal. And I just want to know what he
` believed the intrinsic record. That's a
` statement that's there. My understanding
` is that dictionaries, for example, aren't
` included in the intrinsic record. So I
` just wanted to make it clear what the
` basis for his opinion was.
` Q. Dr. Jaczynski, when you interpreted
`and construed the term "krill meal" in your
`declarations, did you consider the dictionary,
`the Cambridge dictionary you cite to, as part
`of the intrinsic record?
` A. I believe I did. That's
`Exhibit 2016.
` Q. Right.
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`RIMFROST EXHIBIT 1170 Page 0022
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` JACZYNSKI
` A. If that's the one, yes.
` Q. The 2016 is a -- the definition of
`"meal" from an online dictionary,
`Cambridge.org, and you use that in construing
`krill meal, correct?
` A. Yes, I did.
` Q. Dr. Jaczynski, in your mind, is
`there a difference between krill meal and/or
`krill powder?
` A. Generically speaking, probably very
`little.
` Q. Can you tell us what the little
`different would be, sir?
` A. It could be a range of particle
`size. It could be a range of moisture level,
`but they are general terms.
` Q. I'm sorry?
` A. In general terms.
` Q. In general terms you said the
`difference would be water content and particle
`size?
` A. Sure. It is a nutrient composition
`as well.
` Q. Well, with respect to water content,
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`RIMFROST EXHIBIT 1170 Page 0023
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` JACZYNSKI
`would krill meal have more or less water
`content than krill powder?
` A. I wouldn't really distinguish more
`or less. I would just say could be different.
`It could be less. It could be more. It could
`be about the same.
` Q. So what's the -- with respect to
`water content, what is the difference between
`krill powder and krill meal?
` A. Well, it's really -- again, the
`range of moisture content could be different
`and nutrients included and particle size. So
`to me, powder -- to me powder, in general
`terms, could be smaller particle size.
` Q. Smaller particle size than in -- so
`a krill powder would have a smaller particle
`size than a krill meal?
` A. In general terms, yes.
` Q. How about specific terms?
` A. I think it will vary, so I wouldn't
`really attempt to assign specific numerical
`values.
` Q. Do you recall in prior testimony
`that you referred to, quote, "Products
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`RIMFROST EXHIBIT 1170 Page 0024
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` JACZYNSKI
`containing a combination of krill protein and
`oil (such as krill meal and/or powder destined
`for human consumption) in a variety of forms
`have recently been successfully introduced into
`the human food/nutraceutical market,"
`food/nutraceutical. Do you recall referring to
`a combination of protein, krill protein and oil
`such as krill meal and/or powder?
` A. Is this citation from one of our
`references? I probably have said it somewhere
`along the lines.
` Q. Okay. It's from one of your
`declarations -- reports, sorry.
` A. Okay.
` Q. But you have referred to krill meal
`and krill powder separately, and I just want to
`get an understanding -- again, I know you said,
`you listed a few items, water content, particle
`size, nutrient composition as distinguishing
`the two?
` A. Yes, go ahead. I'm sorry.
` Q. I just want to focus on -- get an
`understanding, when you refer to those two
`terms, "krill meal" and "krill powder," in your
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` JACZYNSKI
`mind, what is the difference?
` A. You know, again, it would be really
`general. I think it would be splitting hair to
`really differentiate the two from each, like
`with specific numbers. It just, you know, to
`me, it sounds like splitting hair a little bit.
`So again, in general terms, the difference
`is -- probably the biggest difference would be
`particle size.
` Q. Would the krill meal have a larger
`particle size than the krill powder?
` A. Generally speaking, my understanding
`is, yes, it would.
` Q. I'm putting on the screen Exhibit
`2016, that file was entitled, "Meal Definition
`from Cambridge English Dictionary." Can you
`see that?
` A. Yes, I can.
` Q. And it talks about a substance that
`has been crushed to make a rough powder,
`especially plant seeds to make flour or for
`animal food. So they're focusing on plant
`seeds, crushing them to make a powder; is that
`correct?
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`RIMFROST EXHIBIT 1170 Page 0026
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`Page 27
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` JACZYNSKI
` A. Sure.
` Q. And are plant seeds expected to
`behave and form a meal in the same way that
`krill would?
` A. Again, they could.
` Q. Wouldn't the krill -- does the krill
`have to be processed or could it be just you
`take a whole krill and you crush it and you
`make a meal?
` A. Krill, as it comes out in the sea,
`it will have a higher moisture content. So to
`crush it, to me, first we need to, at least to
`some extent, dehydrate raw krill.
` Q. Do you have to dehydrate plant
`seeds?
` A. There are different seeds, so
`sometimes, I believe, depending on the
`application, depending on the specific seed,
`you may have to.
` Q. Let me ask you, do you know a
`specific seed that would require it to be
`dehydrated first?
` A. I'm not sure. I don't really work
`with seeds, per se.
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` JACZYNSKI
` Q. So I guess the answer is no, you're
`unaware of any seed that would require a
`dehydration prior to being crushed to make a
`flour?
` A. I wouldn't really say either way.
`I'm just -- I'm just not sure.
` Q. Okay. But you can't -- is it fair
`to say you can't identify any particular seed
`today at this moment?
` A. Again, I don't really work with
`plant seeds, so it's not really my area. So
`you're trying to -- you are kind of pushing me
`to make a statement and I just don't really
`feel comfortable.
` Q. Oh, I'm sorry, Doctor.
` A. You're fine. You're fine. Thank
`you. Thank you.
` Q. Finish your statement. I don't mean
`to interrupt. Sometimes the delay.
` A. No, well, it's just I don't think I
`can say either way because I do not necessarily
`specialize in seeds and plants in general.
` Q. No. I'm not asking you,
`Dr. Jaczynski, whether or not there. I'm
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` JACZYNSKI
`asking whether you are aware today, you, of a
`particular seed that needs to be dehydrated
`before it is crushed to make a flour,
`F-L-O-U-R?
` A. Again, it's hard for me to say. I
`don't know.
` Q. Okay. That's fair.
` A. Thank you.
` Q. Thank you. Let me go back one more
`time. I apologize. Claim construction.
`Paragraph 9 of your declaration again. You
`state that primarily it should be in view of
`things, and you specifically mention the
`specification; is that correct, about the --
` A. Yes, I can see that sentence, yes.
` Q. Would it be easier if I highlight
`this?
` A. No, no, no. I'm following you. I'm
`with you.
` Q. Now, let me ask you something. So
`if the patent specification says something,
`that should give you guidance as to what the
`term means; is that correct?
` A. Sure.
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` JACZYNSKI
` Q. I would like to show you what was
`marked prior to, Exhibit 1037. We are at page
`0006. Can you read that?
` A. Should I open it up?
` Q. Oh. Can you see my screen? I'm
`assuming --
` A. Yes, I can see. I can see it, yes.
` Q. So I'll make it bigger.
` A. It's okay. It's okay. Thank you.
` Q. Here you go. Isn't it correct that
`at page 0007, Line 27 or so, Breivik states,
`quote, "Moreover, "krill" also includes krill
`meal," closed quote. Is that correct?
` A. That's what it says, yes, right.
`Yes, I can see it.
` Q. So that definition of krill, as
`including krill meal, is part of the
`specification of Breivik, correct? And Breivik
`is Exhibit 1037.
` MR. CHAKANSKY: Mitch, when you get
` a chance, could you forward me that
` document if you have it.
` MR. JONES: I did. I believe I
` forwarded it to you.
`
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`RIMFROST EXHIBIT 1170 Page 0030
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`P
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