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Filed: July 13, 2016
`
`Filed on behalf of Petitioners,
`Lupin Limited and Lupin Pharmaceuticals, Inc.
`By: Christy G. Lea
`
`Kerry S. Taylor
`
`Benjamin Anger
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`
`
`Irvine, CA 92614
`
`Tel.: (949) 760-0404
`
`Fax: (949) 760-9502
`
`Email: BoxLupin15B@knobbe.com
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`LUPIN LIMITED
`AND LUPIN PHARMACEUTICALS INC.,
`Petitioners
`
`v.
`iCEUTICA PTY LTD.
`
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2016-00399
`U.S. Patent No. 9,017,721
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONERS’ REQUEST FOR REFUND
`OF POST-INSTITUTION FEES
`
`
`
`

`
`Lupin v. iCeutica Pty Ltd
`IPR2016-00399
`
`
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 Fed. Reg. 4212, 4232–4234 (Jan. 18, 2013), Petitioners
`
`Lupin Limited and Lupin Pharmaceuticals Inc. (“Lupin”) request a refund in the
`
`amount of $17,600 to be paid to deposit account number 111410.
`
`On December 28, 2015, Lupin filed a Petition for Inter Partes Review of
`
`U.S. Patent No. 9,017,721 with the Patent Trial and Appeal Board that was
`
`assigned case number IPR2016-00397. In accordance with the fee schedule of
`
`37 C.F.R. § 42.15(a)(1) and (a)(3) Lupin deposited electronic payments in the
`
`amounts of $9,000 and $800, respectively. Thus, Lupin deposited $9,800 with the
`
`Board at the time of filing of their Petition to cover fees associated with Lupin’s
`
`inter partes review request. In accordance with the fee schedule of 37 C.F.R.
`
`§ 42.15(a)(2) and (a)(4), Lupin deposited further electronic payments of $14,000
`
`and $3,600, respectively. Thus, Lupin deposited $17,600 with the Board at the
`
`time of filing of their Petition to cover fees associated with post-institution
`
`proceedings.
`
`On June 29, 2016, the Patent Trial and Appeal Board entered Judgment
`
`terminating the inter partes review proceeding prior to institution. Lupin requests a
`
`refund of the post-institution fees under 37 C.F.R. § 42.15(a)(2) and (a)(4), in the
`
`amount of $17,600, paid to the USPTO in connection with this matter.
`
`
`
`
`
`- 1 -
`
`

`
`Lupin v. iCeutica Pty Ltd
`IPR2016-00399
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`
`
`By: /Benjamin Anger/
`Christy G. Lea (Reg. No. 51,754)
`Kerry Taylor (Reg. No. 43,947)
`Benjamin B. Anger (Reg. No. 62,207)
`
`Attorneys for Petitioners, Lupin Limited
`and Lupin Pharmaceuticals, Inc.
`
`
`-2-
`
`
`
`
`
`Dated: July 13, 2016
`
`

`
`Lupin v. iCeutica Pty Ltd
`IPR2016-00399
`
`
`
`
`I hereby certify
`
`that a
`
`the foregoing
`
`CERTIFICATE OF SERVICE
`
`true and correct copy of
`
`PETITIONERS’ REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`is being served on July 13, 2016, via email pursuant to 37 C.F.R. § 42.6(e), per
`
`agreement of the parties, to counsel for iCeutica Pty Ltd. at the address below:
`
`
`
`Dorothy P. Whelan
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR31215-0011IP4@fr.com
`
`
`Martina Tyreus Hufnal
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR31215-0011IP4@fr.com
`
`
`
`Dated: July 13, 2016
`
`
`
`
`
`/Benjamin Anger/
`Christy G. Lea (Reg. No. 51,754)
`Kerry Taylor (Reg. No. 43,947)
`Benjamin B. Anger (Reg. No. 62,207)
`
`Attorneys for Petitioners, Lupin Limited
`and Lupin Pharmaceuticals, Inc.
`
`- 3 -
`
`
`23721460

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