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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ENZYMOTEC LTD.,
`Petitioner
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`v.
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`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
`Patent Owner
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`CASE IPR: 2014-00586
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`REQUEST FOR REFUND OF POST-INSTITUTION FEE
`FOR INTER PARTES REVIEW OF U.S. PATENT 8,278,351
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`I.
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`STATEMENT OF RELIEF REQUESTED
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`Petitioner Enzymotec Ltd. (“Petitioner”) respectfully requests a refund of the
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`post-institution fee initially paid for its Petition for Inter Partes Review of U.S.
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`Patent 8,278,351, assigned case number IPR 2014-00586.
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`II.
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`STATEMENT OF FACTS
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`On April 11, 2014, Petitioner filed a Petition for Inter Partes Review of
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`claims 47-52, 55, 58, 59, and 65-69 of U.S. Patent 8,278,351 under 35 U.S.C. §§
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`311-319 and 37 C.F.R. § 42.1-.80, 24.100-.123 (“Petition,” Paper No. 1). This
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`review has not been instituted.
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`On May 7, 2013, Petitioner and patent owner jointly submitted a motion to
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`terminate Inter Partes Review of U.S. Patent 8,278,351.
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`On May 12, 2014, the Patent Trial and Appeal Board granted the joint
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`motion to terminate and ordered that the proceeding be terminated. (Paper No.
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`11). The Board noted that “no institution of a trial has been made.” (Id. at 2.)
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`Because no trial has been instituted, Petitioner hereby requests refund of the
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`$14,000 post-institution fee it paid pursuant to 37 C.F.R. § 42.15(a)(2) at the time
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`of filing the Petition. Payment of the $14,000 post-institution fee was processed
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`through PRPS on April 14, 2014, and charged to the undersigned’s Deposit
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`Account, No. 11-0600. Upon review and approval of this request, Petitioner
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`respectfully requests that the Board credit the post-institution fee to Deposit
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`Respectfully submitted,
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`/Elizabeth J. Holland/
`Elizabeth J. Holland
`(Registration No. 47,657)
`Cynthia Lambert Hardman
`(Registration No. 53,179)
`Kenyon and Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: (212) 425-7200
`Fax: (212) 425-5288
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`Counsel for Petitioner Enzymotec Ltd.
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`Account No. 11-0600.
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`Date: May 29, 2014
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`CERTIFICATION OF SERVICE
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`The undersigned hereby certifies that “Request for Refund of Post-
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`Institution Fees for Inter Partes Review of U.S. Patent 8,278,351,” was served in
`its entirety by electronic mail this 29th day of May 2014 on the following:
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`Stephen L. Altieri, Ph.D.
`J. Dean Farmer, Ph.D.
`IPR2013-00466@cooley.com
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`Dated: May 29, 2014
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`/Cynthia Lambert Hardman/
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel: (212) 425-7200
`Fax: (212) 425-5288
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`Counsel for Petitioner Enzymotec Ltd.