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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACCORD HEALTHCARE, INC., USA,
`Petitioners
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`v.
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`ELI LILLY & COMPANY
`Patent Owner
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`Case IPR 2013-00356
`Patent 7,772,209
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`PETITION’S REQUEST FOR REFUND
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`OF POST-INSTITUTION FEES
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`Before MICHAEL J. FITZPATRICK, RAMA G. ELLURU, and
`SCOTT E. KAMHOLZ, Administrative Patent Judges.
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`KAMHOLZ, Administrative Patent Judge.
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`IPR-2013-00356
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`Attorney Docket No. L10746
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`Pursuant to the Patent and Trademark Office's Final Rule Setting and Adjusting Patent
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`Fees, 78 F.R. 4211, 4234-4235 (Jan. 18, 2013), Petitioner Accord Healthcare, Inc., USA,
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`("Petitioner") requests a refund in the amount of $16,800 to be paid to deposit account number
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`194880.
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`On June 14, 2013 Petitioner filed a Petition for Inter Partes Review with the PTO that
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`was assigned case number IPR2013-00356. In accordance with the fee schedule specified in 37
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`C.F.R. § 42.15(a) Petitioner deposited an electronic payment in the amount of $26,200 with the
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`PTO at the time of filing of its Petition to cover associated fees. Petitioner's payment consisted
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`of $9,400 in fees associated with Petitioner's Inter Partes Review request and a further $16,800
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`in post-institution fees ($14,000 inter partes post-institution fee (§ 41.15(a)(2)) and $2,800 post-
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`institution excess claims fee for 7 claims in excess of 15 (§41.15(a)(4))).
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`On October 1, 2013, the Patent Trial and Appeal Board entered a Decision denying
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`institution of inter partes review. Accordingly, Petitioner requests a refund in the amount of
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`$16,800 for the post-institution fees that it has paid to the PTO in connection with that
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`SUGHRUE MION, PLLC
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`/s/ Chidambaram S. Iyer
`Chidambaram S. Iyer
`Registration No. 43,355
`Customer No. 23,373
`Attorney for Petitioner
`Accord Healthcare, Inc., USA
`(202) 293-7060
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`1
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`proceeding.
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`Date: August 14, 2014
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`Respectfully Submitted,
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`I hereby certify that true and correct copies of the foregoing Accord Healthcare, Inc.’s
`Request for Refund was served on August 14, 2014 via U.S. Mail to the correspondence address
`for the attorney of record for Eli Lilly and Company, the assignee of the ‘209 patent.
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`CERTIFICATE OF SERVICE
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`Elizabeth A. McGraw
`Eli Lilly and Company
`Patent Division
`P.O. Box 6288
`Indianapolis, Indiana 46206-6288
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`/s/ Konah Duche
`Konah Duche