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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`ACCORD HEALTHCARE, INC., USA,
`Petitioners
`
`v.
`
`ELI LILLY & COMPANY
`Patent Owner
`
`Case IPR 2013-00356
`Patent 7,772,209
`
`PETITION’S REQUEST FOR REFUND
`
`OF POST-INSTITUTION FEES
`
`Before MICHAEL J. FITZPATRICK, RAMA G. ELLURU, and
`SCOTT E. KAMHOLZ, Administrative Patent Judges.
`
`KAMHOLZ, Administrative Patent Judge.
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`

`
`IPR-2013-00356
`
`Attorney Docket No. L10746
`
`Pursuant to the Patent and Trademark Office's Final Rule Setting and Adjusting Patent
`
`Fees, 78 F.R. 4211, 4234-4235 (Jan. 18, 2013), Petitioner Accord Healthcare, Inc., USA,
`
`("Petitioner") requests a refund in the amount of $16,800 to be paid to deposit account number
`
`194880.
`
`On June 14, 2013 Petitioner filed a Petition for Inter Partes Review with the PTO that
`
`was assigned case number IPR2013-00356. In accordance with the fee schedule specified in 37
`
`C.F.R. § 42.15(a) Petitioner deposited an electronic payment in the amount of $26,200 with the
`
`PTO at the time of filing of its Petition to cover associated fees. Petitioner's payment consisted
`
`of $9,400 in fees associated with Petitioner's Inter Partes Review request and a further $16,800
`
`in post-institution fees ($14,000 inter partes post-institution fee (§ 41.15(a)(2)) and $2,800 post-
`
`institution excess claims fee for 7 claims in excess of 15 (§41.15(a)(4))).
`
`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
`
`$16,800 for the post-institution fees that it has paid to the PTO in connection with that
`
`
`
`
`
`SUGHRUE MION, PLLC
`
`/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
`
`1
`
`proceeding.
`
`Date: August 14, 2014
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`

`
`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.
`
`CERTIFICATE OF SERVICE
`
`Elizabeth A. McGraw
`Eli Lilly and Company
`Patent Division
`P.O. Box 6288
`Indianapolis, Indiana 46206-6288
`
`/s/ Konah Duche
`Konah Duche

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