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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`ALLERGAN, INC.
`Patent Owner.
`Patent No. 8,629,111
`Issue Date: January 14, 2014
`Title: METHODS OF PROVIDING THERAPEUTIC EFFECTS USING
`CYCLOSPORIN COMPONENTS
`
`Inter Partes Review No. IPR2016-01232
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,629,111
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Patent No. 8,629,111
`IPR2016-01232
`
`On June 22, 2016, Argentum Pharmaceuticals LLC (“Argentum”) filed a
`
`
`
`Petition for Inter Partes review (“IPR2016-01232”) concerning U.S. Patent No.
`
`8,629,111 (“the ’111 patent”). Paper 2. The parties agreed to settle the dispute,
`
`and on December 7, 2016 the parties filed a Joint Motion to Terminate the Inter
`
`Partes Review. Paper 10. The Board granted the Motion on December 8, 2016.
`
`Paper 14.
`
`In accordance with 37 C.F.R. § 42.15(a)(2), the post-institution fees were
`
`paid at the time of filing. Because IPR2016-01232 was terminated prior to
`
`institution, Argentum respectfully requests a refund of the $17,000 post-institution
`
`fees. Refund of the post-institution fees is proper when the proceeding is
`
`terminated prior to a decision to institute. 78 Fed. Reg. 4212, 4233 (Jan. 18, 2013);
`
`Fifth Third Bank v. Leon Stambler, IPR2014-00244, Paper 11, at 2 (August 12,
`
`2014).
`
`Respectfully, Argentum requests the refund be deposited in Petitioner’s
`
`deposit account number 601322 (for Dowd PLLC).
`
`Date: December 8, 2016
`
`Respectfully submitted,
`
`By: /s/ Matthew J. Dowd
`Matthew J. Dowd
`Registration No. 47,534
`
`
`
`
`
`
`
`

`
`Patent No. 8,629,111
`IPR2016-01232
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`
`
`The undersigned hereby certifies that the above-captioned REQUEST FOR
`
`REFUND OF POST-INSTITUTION FEES FOR INTER PARTES REVIEW
`
`OF U.S. PATENT NO. 8,629,111 was served via email to the correspondence
`
`address of Patent Owner’s counsel as follows:
`
`
`
`
`
`Dorothy P. Whelan
`Michael Kane
`IPR13351-00081P7@fr.com
`PTABInbound@fr.com
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Date: December 8, 2016
`
`
`/s/ Matthew J. Dowd
`Matthew J. Dowd
`Registration No. 47,534
`Dowd PLLC
`1717 Pennsylvania Avenue, NW
`Suite 1025
`Washington, D.C. 20006
`mjdowd@dowdpllc.com
`(202) 573-3853

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