`Filed: May 31, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BOREALIS AG,
`Petitioner
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`v.
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`BERRY PLASTICS CORPORATION,
`Patent Owner
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`Case IPR2016-00235
`Patent 8,883,280
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`REQUEST FOR REFUND OF POST-INSTITUTION FEES FOR INTER
`PARTES REVIEW OF U.S. PATENT NO. 8,883,280
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`On November 30, 2015, Borealis AG (Petitioner) filed a petition for inter
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`partes review of claims 1-14, 36-42, 44-48, 51-54, 61, 62, 65, and 66 of U.S.
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`Patent No. 8,883,280 (Paper No. 2). In view of the Patent Owner’s statutory
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`disclaimer of all of the claims sought to be cancelled (Ex. 2003), the Board issued
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`an order denying the institution of the inter partes review (Paper No. 11, dated
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`March 24, 2016). In accordance with 37 C.F.R. §42.15(a)(2) and (4), the post-
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`Case No.: IPR2016-00235
`Patent No. 8,883,280
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`institution fee of $14,000 and the fee of $7,600 for requesting review of each claim
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`in excess of 15, paid at the time of filing, should be returned. Petitioner hereby
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`requests a refund of $21,600 for the post-institution fees in the case of IPR2016-
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`00235.
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`The payment was provided via Finnegan’s deposit account and processed in
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`PRPS on November 30, 2015. Upon review and approval of this request, we
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`respectfully request the Board credit the requested amount to Petitioner. The
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`amount may be deposited into PTO Deposit Account No. 06-0916. If more
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`information is necessary to provide payment, please contact counsel listed below.
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`Respectfully submitted,
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`/Hojung Cho/
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`By:
`Hojung Cho, Reg. No. 72,755
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`ATTORNEY FOR PETITIONER
`BOREALIS AG
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`Dated: May 31, 2016
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`Case No.: IPR2016-00235
`Patent No. 8,883,280
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a copy of the
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`foregoing REQUEST FOR REFUND OF POST-INSTITUTION FEES FOR
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`INTER PARTES REVIEW OF U.S. PATENT NO. 8,883,280 was served on
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`May 31, 2016 to counsel of record for the Patent Owner via electronic mail at the
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`following:
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`John Hobgood
`Young-Hoon Ha
`Wilmer Cutler Pickering Hale & Dorr LLP
`E-mail:
`john.hobgood@wilmerhale.com
`yung-hoon.ha@wilmerhale.com
`WHIPDocketstaff@wilmerhale.com
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`Dated: May 31, 2016
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`/Bradley J. Moore/
`Bradley J. Moore
`Litigation Legal Assistant
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER LLP