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Rimfrost AS v. Aker BioMarine Antarctic AS

Docket IPR2020-01534, Patent Trial and Appeal Board (Nov. 6, 2020)
Erica Franklin, Jon Tornquist, Susan Mitchell, presiding
Case TypeInter Partes Review
Patent10010567
Patent Owner Aker BioMarine Antarctic AS
Petitioner Rimfrost AS
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25 Final Written Decision original: Final Written Decision original

Document IPR2020-01534, No. 25 Final Written Decision original - Final Written Decision original (P.T.A.B. May. 18, 2022)
A patent 11 The burden of showing something by a preponderance of the evidence requires the trier of fact to believe that the existence of a fact is more probable than its nonexistence before the trier of fact may find in favor of the party ...
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24 Other Hearing transcript: Other Hearing transcript

Document IPR2020-01534, No. 24 Other Hearing transcript - Other Hearing transcript (P.T.A.B. Apr. 13, 2022)
And none of those are accounted for by Bottino II.
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21 Order Other: Order Setting Oral Argument 37 CFR 4270

Document IPR2020-01534, No. 21 Order Other - Order Setting Oral Argument 37 CFR 4270 (P.T.A.B. Jan. 28, 2022)
In instances where an advocate does not meet the LEAP eligibility requirements due to the number of “substantive” oral hearing arguments, but nonetheless has a basis for considering themselves to be in the category of advocates that ...
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7 Order: SCHEDULING ORDER

Document IPR2020-01534, No. 7 Order - SCHEDULING ORDER (P.T.A.B. May. 20, 2021)
In stipulating to move any due dates in the scheduling order, the parties must be cognizant that the Board requires four weeks after the filing of an opposition to the motion to amend (or the due date for the opposition, if none is filed) for ...
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6 Decision Granting Institution: DECISIONGranting Institution of Inter Partes Review

Document IPR2020-01534, No. 6 Decision Granting Institution - DECISIONGranting Institution of Inter Partes Review (P.T.A.B. May. 20, 2021)
Euphausia superba, a zooplankton crustacean, is rich in phospholipids and triglycerides carrying long-chain omega-3 polyunsaturated fatty acids, mainly EPA and DHA, and in various potent antioxidants including vitamins A and E, astaxanthin, and a novel flavonoid.” Id. at 4.
Bottino II explains that the euphausiids were collected and, once on board the ship, the samples were rapidly sorted by hand and extracted with a “chloroform:[methanol] (2:1, v/v) mixture.” Id. Fatty acid compositions were determined by gas-liquid chromatography.
For these additional requirements, Petitioner relies on the teaching of Sampalis I and Randolph describing encapsulated krill oil compositions in a soft gel dosage form.
Upon review of Petitioner’s arguments and supporting evidence, we determine that, on this record, Petitioner sufficiently demonstrates that Sampalis I, Bottino II, and Randolph teach or suggest every limitation of claims 1 and 15 of the ’567 patent.
After considering Petitioner’s arguments and supporting evidence we determine that, on the current record, the information presented shows a reasonable likelihood that Petitioner would prevail in establishing that claims 1–20 of the ’567 patent are unpatentable on the grounds asserted in the Petition.
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3 Notice of Filing Date Accorded to Petition: Notice of Accord Filing Date

Document IPR2020-01534, No. 3 Notice of Filing Date Accorded to Petition - Notice of Accord Filing Date (P.T.A.B. Nov. 24, 2020)
For more information, please consult the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012), which is available on the Board Web site at http://www.uspto.gov/PTAB.
Patent Owner is advised of the requirement to submit mandatory notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of the petition.
The parties are advised that under 37 C.F.R. § 42.10(c), recognition of counsel pro hac vice requires a showing of good cause.
Many non-profit organizations, both inside and outside the intellectual property field, offer alternative dispute resolution services.
If the parties actually engage in alternative dispute resolution, the PTAB would be interested to learn what mechanism (e.g., arbitration, Case IPR2020-01534 Patent 10,010,567 B2 mediation, etc.) was used and the general result.
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17 Reply: PATENT OWNERS SUR REPLY TO PETITIONERS REPLY

Document IPR2020-01534, No. 17 Reply - PATENT OWNERS SUR REPLY TO PETITIONERS REPLY (P.T.A.B. Dec. 16, 2021)
However, this approach is not scientifically valid as none of those 3 references use solvent systems that are the same as or similar to Bottino II or Inter Partes Review of US 10,010,567 Freeman and West.
As support for this argument, Petitioner cites specific paragraphs from Dr. Tallon’s Declaration that discuss a number of other TLC experiments, none of which use the same solvent system as Bottino II or Freeman and West much less ...
). As shown in the following Table, most of these references Inter Partes Review of US 10,010,567 used a single solvent mixture as opposed to a dual solvent system and none of the references used a solvent mixture containing ethanol.
No Silica gel 60F No No Silica gel G No No Yes Yes Silica gel 60 No No Yes None of the references relied on by Petitioner and its expert utilize a solvent system that is similar to that utilized by Freeman and West, or as modified 10 by ...
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