throbber
By: Vivek Ganti (vg@hkw-law.com) Reg. No. 71,368; and
`
`Sharad K. Bijanki (sb@hkw-law.com) Reg. No.73,400
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`COMPLEX INNOVATIONS LLC,
`Petitioner
`v.
`
`AMGEN INC.,
`Patent Owner
`
`
`
`
`
`Case IPR2016-00085
`
`U.S. Patent 7,829,595 B2
`
`
`
`PETITIONERS’ REQUEST FOR REFUND OF EXCESS CLAIM FEES
`
`
`
`
`
`
`
`
`
`

`
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 F.R. 4211, 4234-35 (Jan. 18, 2013), Petitioner requests a
`
`refund in the amount of $18,000 to be credited to Deposit Account No. 506541.
`
`On November 23, 2015, Petitioners filed a Petition for Inter Partes Review
`
`with the PTO requesting review of 25 claims: 1-25. In accordance with the fee
`
`schedule provided in 37 C.F.R. § 42.15(b), Petitioners authorized the PTO to
`
`charge any applicable fees to the specified deposit account. Petitioners’ petition
`
`incurred the following fees:
`
`
`
`
`
`Request fee
`Excess claim request fee
`(5 claims x $200)
`Post-institution fee
`Excess claim post-institution fee
`(10 claims x $400)
`Total
`
`$9,000
`$1,000
`
`$14,000
`$4,000
`
`$28,000
`
`On April 13, 2016, the Patent Trial and Appeal Board (the “Board”) issued a
`
`decision institution denying inter parties review on 25 claims. Because the board
`
`did not institute inter partes review, petitioners request a refund of the post
`
`institution fee of $14,000 plus $4,000 (10 claims in excess of 15 x $400) for a total
`
`of $18,000.
`
`
`
`Accordingly, Petitioners request a refund for this difference to Deposit
`
`Account No. 506541.
`
`2
`
`
`
`
`
`
`
`

`
`Date: August 24, 2016
`
`
`
`Respectfully submitted,
`HILL, KERTSCHER & WHARTON, LLP
`
`/Vivek Ganti/
`
`Vivek Ganti (Reg. No. 71,368)
`Lead Counsel for Petitioners
`3350 Riverwood Pkwy, Suite 800
`Atlanta, GA 30339
`(770) 953-0995
`
`3
`
`
`
`
`
`
`
`

`
`
`
`CERTIFICATION OF SERVICE
`
`
`The undersigned hereby certifies that the foregoing paper was served via
`
`electronic mail on August 24, 2016, as agreed to by the parties pursuant to 37 C.F.R.
`
`§ 42.105, in its entirety on the following:
`
`
`John D. Murnane
`jmurnane@fchs.com
`Alicia A. Russo
`arusso@fchs.com
`Justin J. Oliver
`joliver@fchs.com
`FITZPATRICK, CELLA, HARPER & SCINTO
`Amgen595IPR@fchs.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`HILL, KERTSCHER & WHARTON, LLP
`
`/Vivek Ganti/
`
`Vivek Ganti (Reg. No. 71,368)
`Lead Counsel for Petitioners
`3350 Riverwood Pkwy
`Suite 800
`Atlanta, GA 30339
`(770) 953-0995
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`Date: August 24, 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