`Filed: June 27, 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 IPR2016-00564
`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 February 12, 2016, Borealis AG (Petitioner) filed a petition for inter
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`partes review of claims 1, 15–36, 40, 42, 43, 54–61, 63, and 64 of U.S. Patent
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`No. 8,883,280 (Paper No. 1). In view of the Patent Owner’s statutory disclaimers
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`of all of the claims sought to be reviewed (Exs. 2101, 2102, 2103), the Board
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`issued an order denying the institution of the inter partes review (Paper No. 8,
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`dated June 16, 2016). In accordance with 37 C.F.R. §42.15(a)(2) and (4), the post-
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`Case No.: IPR2016-00564
`Patent No. 8,883,280
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`institution fee of $14,000 and the fee of $8,400 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 $22,400 for the post-institution fees in the case of IPR2016-
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`00564.
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`The payment was provided via Finnegan’s deposit account and processed in
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`PRPS on February 12, 2016. 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 Account No. 06-0916. If more information is
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`necessary to provide payment, please contact counsel listed below.
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`Respectfully submitted,
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`By: /Hojung Cho/
`Hojung Cho, Reg. No. 72,755
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`ATTORNEY FOR PETITIONER
`BOREALIS AG
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`Dated: June 27, 2016
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`Case No.: IPR2016-00564
`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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`
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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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`June 27, 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: June 27, 2016
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`Respectfully submitted,
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`/Bradley J. Moore/
`Bradley J. Moore
`Litigation Legal Assistant
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER LLP
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