throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`COALITION FOR AFFORDABLE DRUGS VII LLC,
`Petitioner,
`
`v.
`
`POZEN INC.,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-01241
`Patent 6,926,907
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`

`
`IPR2015-01241
`Patent 6,926,907
`
`Petitioner Coalition for Affordable Drugs VII LLC respectfully requests a
`
`
`
`refund of $17,200 of the post-institution fee that was previously paid for this
`
`proceeding.
`
`On May 21, 2015, Petitioner filed a petition for inter partes review of U.S.
`
`Patent No. 6,926,907, challenging 23 claims of the ’907 Patent, and paid the
`
`USPTO a total fee of $26,800 for the petition, including:
`
`
`
`
`
`
`
`
`
`a $9,000 request fee required by 37 C.F.R. § 42.15(a)(1);
`
`a $14,000 post-institution fee required by 37 C.F.R. § 42.15(a)(2);
`
`a $600 excess claims fee ($200 for each claim in excess of 20)
`
`required by 37 C.F.R. § 42.15(a)(3); and
`
`a $3,200 excess claims fee ($400 for each claim in excess of 15)
`
`required by 37 C.F.R. § 42.15(a)(4).
`
`On June 6, 2015, the Board issued a notice according the petition a filing
`
`date (Paper 4). The Patent Owner Preliminary Response was filed on
`
`September 18, 2015 (Paper 15). On December 8, 2015, the Board issued an
`
`Institution Decision, denying institution as to all 23 of the challenged claims
`
`(Paper 22).
`
`For petitions filed after March 19, 2013, in a situation where the Board
`
`decides not to institute a review, the petitioner is entitled to a refund of the portion
`
`1
`
`

`
`IPR2015-01241
`Patent 6,926,907
`
`
`
`of the fees that were allocated to the post-institution phase of the proceeding. See
`
`Final Rule Setting and Adjusting Patent Fees, 78 Fed. Reg. 4233 (January 18,
`
`2013).
`
`Accordingly, in this case, Petitioner is entitled to a refund in the amount of
`
`$17,200 ($14,000 + $3,200).
`
`Respectfully submitted,
`
`
`
`
`
`/Amy E. LaValle/
`Amy E. LaValle (Reg. No. 51,092)
`Jerry C. Harris, Jr. (Reg. No. 66,822)
`Wick Phillips Gould & Martin, LLP
`3131 McKinney Avenue, Suite 100
`Dallas, TX 75204
`(214) 692-6200 (phone)
`(214) 692-6255 (fax)
`amy.lavalle@wickphillips.com
`jerry.harris@wickphillips.com
`
`Counsel for Petitioner
`Coalition for Affordable Drugs VII LLC
`
`2
`
`Date: April 4, 2016
`
`
`
`
`
`
`
`

`
`IPR2015-01241
`Patent 6,926,907
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on April 4, 2016 a copy
`
`of the foregoing PETITIONER’S REQUEST FOR REFUND OF POST-
`
`INSTITUTION FEE was provided via email to the following counsel of record for
`
`Patent Owner:
`
`Lead Counsel
`Ricardo Rodriguez
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`Tel: (650) 843-5046
`Fax: (650) 843-7400
`rr@cooley.com
`zIPR2015-01241@cooley.com
`Back-Up Counsel
`Dennis Bennett
`GLOBAL PATENT GROUP, LLC
`1005 N. Warson Road, Suite 404
`St. Louis, MO 63132
`Tel: (314) 812-8018
`Fax: (314) 685-2300
`dennisbennett@globalpatentgroup.com
`
`
`
`Counsel for Horizon Pharma, Inc.
`Back-Up Counsel
`Thomas A. Blinka, Ph.D.
`COOLEY LLP
`1299 Pennsylvania Avenue, NW
`Suite 700
`Washington, DC 20004-2400
`Tel: (202) 842-7800
`Fax: (202) 842-7899
`tblinka@cooley.com
`Back-Up Counsel
`Lauren L. Stevens, Ph.D.
`GLOBAL PATENT GROUP, LLC
`1005 N. Warson Road, Suite 404
`St. Louis, MO 63132
`Tel: (650) 387-3813
`Fax: (314) 685-2300
`lstevens@globalpatentgroup.com
`
`3
`
`

`
`IPR2015-01241
`Patent 6,926,907
`
`Counsel for Pozen Inc.
`Back-Up Counsel
`Margaret J. Sampson, Ph.D.
`BAKER BOTTS LLP
`98 San Jacinto Blvd., Suite 1500
`Austin, TX 78701-4078
`Tel: (512) 322-2552
`Fax: (512) 322-3652
`margaret.sampson@bakerbotts.com
`
`
`
`
`
`
`
`
`/Amy E. LaValle/
`Lead Counsel for Petitioner
`Coalition for Affordable Drugs VII LLC
`
`
`
`4
`
`Lead Counsel
`Stephen M. Hash, Ph.D.
`BAKER BOTTS LLP
`98 San Jacinto Blvd., Suite 1500
`Austin, TX 78701-4078
`Tel: (512) 322-2587
`Fax: (512) 322-3687
`stephen.hash@bakerbotts.com
`PozenVimovoBB@bakerbotts.com
`Back-Up Counsel
`Jeffrey S. Gritton
`BAKER BOTTS LLP
`98 San Jacinto Blvd., Suite 1500
`Austin, TX 78701-4078
`Tel: (512) 322-2624
`Fax: (512) 322-3652
`jeff.gritton@bakerbotts.com
`
`
`
`Date: April 4, 2016

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket