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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PETITIONER
`
`V.
`
`FOREST LABORATORIES HOLDINGS LIMITED
`
`PATENT OWNER
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`LOWER DRUG PRICES FOR CONSUMERS, LLC
`LOWER DRUG PRICES FOR CONSUMERS, LLC
`
`PETITIONER
`
`V.
`
`FOREST LABORATORIES HOLDINGS LIMITED
`
`PATENT OWNER
`
`___________________
`
`CASE NO.: IPR2016-00379
`PATENT NO. 6,545,040
`PATENT NO. 6,545,040
`FILED: JANUARY 24, 1992
`FILED: JANUARY 24, 1992
`ISSUED: 4/8/2003
`ISSUED: 4/8/2003
`INVENTORS: XHONNEUX AND VAN LOMMEN
`TITLE: METHOD OF LOWERING THE BLOOD PRESSURE
`________________
`
`PETITIONER’S REQUEST FOR REFUND OF
`PETITIONER’S REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
`POST-INSTITUTION FEES
`
`TITLE: METHOD OF LOWERING THE BLOOD PRESSURE
`
`CASE NO.: IPR2016-00379
`
`INVENTORS: XHONNEUX AND VAN LOMMEN
`
` 
`
`

`
`IPR2016‐00379 
`
`Petitioner Lower Drug Prices for Consumers, LLC (“Petitioner”) requests a
`
`refund of post-institution fees in the amount of $14,000.00.
`
`On December 22, 2015, Petitioner filed a Petition for Inter Partes review of
`
`U.S. Patent No. 6,545,040. As required by 37 C.F.R. § 42.15(a), Petitioner
`
`deposited $23,000.00 with the U.S. Patent and Trademark Office (“USPTO”) at the
`
`time of filing the Petition to cover associated fees. Petitioner’s payment consisted
`
`of $9,000.00 in fees associated with the request for Inter Partes review, and a
`
`further $14,000.00 in post-institution fees.
`
`On July 1, 2016, the Board issued a Decision denying the institution of
`
`Inter Partes Review. (Paper No. 14) Petitioner filed a Request for Rehearing on
`
`July 29, 2016 (Paper No. 15); and the Board denied the Request for Rehearing on
`
`October 19, 2016 (Paper No. 16). Thus, an inter partes review trial was not
`
`instituted in this case. Petitioner therefore. requests a refund of the post-institution
`
`fees paid to the USPTO in connection with this proceeding, totaling $14,000.00, to
`
`be paid to deposit account number 506564.
`
`
`
`
`
`1
`
`

`
`
`
`Respectfully submitted,
`
`
`
`
`/s/ Barry J. Bumgardner
`Barry J. Bumgardner (Lead Counsel)
`Registration No. 38,397
`Brent N. Bumgardner (Back-up Counsel)
`Registration No. 48,476
`Attorneys for Petitioner
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-9111
`Facsimile: (817) 377-3485
`
`IPR2016‐00379 
`
`Dated: November 15, 2016
`
`
`
`
`
`
`
`2
`
`

`
`IPR2016‐00379 
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`The undersigned hereby certifies that a copy of PETITIONER’S REQUEST
`FOR REFUND OF POST-INSTITUTION FEES was served in its entirety via
`electronic mail, upon the following lead and backup counsels of record for Patent
`Owner:
`
`Jeffrey P. Kushan (jkushan@sidley.com)
`Todd L. Krause (tkrause@sidley.com)
`Sidley Austin LLP
`
`Date of Service: November 15, 2016
`
`
`
`
`
`
`
`
`
`
`
`Signature: /s/ Barry J. Bumgardner
`
`
` Barry J. Bumgardner, Reg. No. 38,397
`
`
`3

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