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Paper No.
`Filed: September 12, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`MYLAN PHARMACEUTICALS INC.
`Petitioner,
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD.
`Patent Owner.
`
`_____________________
`
`Case IPR2016-00626
`Patent No. 8,784,789
`
`PETITIONER’S REQUEST FOR REFUND OF IPR FEES
`
`

`
`Case IPR2016-00626
`Patent No. 8,784,789
`Petitioner Mylan Pharmaceuticals Inc. (“Mylan”) requests a refund in the
`
`amount of $14,000 to be paid to Deposit Acct. No. 160605 (Customer ID No.
`
`00826) pursuant to the U.S. Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 F.R. 4211, 4234-35 (Jan. 18, 2013).
`
`On February 25, 2016, Mylan filed a Petition for inter partes review against
`
`U.S. Patent No. 8,784, 789, proceeding IPR2016-00626. In accordance with the fee
`
`schedule specified in 37 C.F.R. § 42.15(a), Mylan deposited an electronic payment
`
`in the amount of $23,000 with the PTO at the time of filing its Petition. Mylan’s
`
`payment consisted of $9,000 in fees associated with Mylan’s inter partes review
`
`request, and a further $14,000 in Post-Institution fees.
`
`Mylan and Patent Owner Senju Pharmaceutical Co., Ltd. ( “Senju”) entered
`
`into a settlement agreement that resolved all underlying disputes between the parties,
`
`including the inter partes review proceeding IPR2016-00626, against U.S. Patent
`
`No. 8,784,789. Accordingly, on August 9, 2016, the parties jointly moved to
`
`terminate this proceeding pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74.
`
`On August 31, 2016, the Board entered a decision to terminate proceeding
`
`IPR2016-00626. Accordingly, Mylan requests a refund in the amount of $14,000
`
`for the Post-Institution fees.
`
`RESPECTFULLY SUBMITTED,
`
`

`
`Date: September 12, 2016
`
`/Jitendra Malik/
`
`Case IPR2016-00626
`Patent No. 8,784,789
`
`Jitendra Malik
`Reg. No. 55823
`Alston & Bird LLP
`4721 Emperor Boulevard, Suite 400
`Durham, North Carolina 27703
`
`Lance Soderstrom
`Reg. No. 65405
`Alston & Bird LLP
`90 Park Avenue, 15th Floor
`New York, New York 10016-1387
`
`H. James Abe
`Reg. No. 61182
`Alston & Bird LLP
`333 South Hope Street, 16th Floor
`Los Angeles, CA 90071
`
`Joseph M. Janusz
`Reg. No. 70396
`Alston & Bird LLP
`101 S. Tryon Street, Suite 4000
`Charlotte, NC 28205
`
`Attorneys for Petitioner
`Mylan Pharmaceuticals Inc.
`
`

`
`CERTIFICATION OF SERVICE
`
`The undersigned certifies a copy of
`
`the foregoing PETITIONER’S
`
`REQUEST FOR REFUND OF IPR FEES was served on September 12, 2016 via
`
`electronic mail directed to the counsel of record for the Patent Owner at the
`
`following:
`
`Bryan C. Diner
`Bryan.Diner@finnegan.com
`
`Justin J. Hasford
`Justin.Hasford@finnegan.com
`
`Joshua L. Goldberg
`Joshua.Goldberg@finnegan.com
`
`Respectfully submitted,
`
`Alston & Bird LLP
`
`By: /Jitendra Malik/
`
`Jitendra Malik, Ph.D.
`Reg. No. 55823
`Alston & Bird LLP
`4721 Emperor Blvd., Suite 400
`Durham, NC 27703-8580
`jitty.malik@alston.com
`
`Lance Soderstrom
`Reg. No. 65405
`Alston & Bird LLP
`90 Park Avenue, 15th Floor
`New York, New York 10016-1387
`lance.soderstrom@alston.com
`
`

`
`H. James Abe
`Reg. No. 61182
`Alston & Bird LLP
`333 South Hope Street, 16th Floor
`Los Angeles, CA 90071
`james.abe@alston.com
`
`Joseph M. Janusz
`Reg. No. 70396
`Alston & Bird LLP
`101 S. Tryon Street, Suite 4000
`Charlotte, NC 28205
`joe.janusz@alston.com
`
`Attorneys for Petitioner
`Mylan Pharmaceuticals Inc.

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