PTAB Confirms Hoffmann & Baron’s Successful Invalidation of All Claims of US Patent No. 9,320,765 on behalf of Rimfrost AS (Rimfrost AS v. Aker Biomarine AS)

Aker Biomarine AS owns U.S. Patent No. 9,320,765 (“the ‘765 patent”), titled “Bioeffective Krill Oil Compositions.”

On December 15, 2017, Rimfrost AS, through its counsel Hoffmann & Baron, petitioned the Patent Trial and Appeal Board (“PTAB”) of the U.S Patent and Trademark Office to hold all forty-eight claims of the ‘765 patent invalid over prior art.  Rimfrost AS v. Aker Biomarine AS, IPR2018-00295.  On June 12, 2019, the PTAB issued its Final Written Decision (“FWD”), finding all claims and all proposed/substitute claims of the ‘765 patent unpatentable.

On July 12, 2019, Aker Biomarine filed a Request for Rehearing of the FWD with respect to its proposed/substitute claims only; Hoffmann & Baron opposed, on behalf of Rimfrost.  On October 1, 2020, the PTAB denied the Request, confirming its earlier decision that Hoffmann & Baron had proven that all proposed/substitute claims were also unpatentable over prior art.

Representing Rimfrost were Hoffmann & Baron attorneys James F. Harrington, Michael I. Chakansky, Ronald J. Baron, and John T. Gallagher.

Please contact Daniel A. Scola, Jr. at 973-331-1700 or James F. Harrington at 516-822-3550 if you have any questions or would like to speak to us about protecting your own intellectual property or challenging a competitor’s intellectual property.

Decision on Rehearing 10-1-2020
Final Written Decision 6-12-2019