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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`Alkermes, Inc.
`Petitioner,
`
`v.
`
`Otsuka Pharmaceutical Co., Ltd.
`Patent Owner
`
`Patent No. 9,125,939 B2
`
`___________________
`
`Inter Partes Review No. IPR2017-00287
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEE FOR
`IPR2017-00287
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`

`Case No. IPR2017-00287
`Request for Refund of Post Institution Fee
`
`I.
`
`STATEMENT OF THE PRECISE RELIEF REQUESTED
`
`Petitioners Alkermes Pharma Ireland, Ltd. and Alkermes, Inc. (collectively,
`
`“Alkermes”) respectfully request a refund of $14,000, the post-institution fee
`
`initially paid for its Petition for Inter Partes Review of U.S. Patent 9,125,939 (“the
`
`’939 patent”), assigned case number IPR2017-00287.
`
`II.
`
`STATEMENT OF FACTS
`On November 17, 2016, Alkermes filed a Petition for Inter Partes Review of
`
`claims 2, 6, 7 and 9 patent under 35 U.S.C. §§ 311-319 and 37 C.F.R. §§ 42.1-.80,
`
`24.100-.123. On May 4, 2017, the Board denied institution.
`
`Because no trial has been instituted in this IPR, Petitioner hereby requests a
`
`refund of $14,000, the post-institution fee paid pursuant to 37 C.F.R. § 42.15(a)(2).
`
`Payment of the post-institution fee was processed through PTAB E2E on
`
`November 18, 2016, and charged to the undersigned’s Deposit Account No.
`
`506989. Upon review and approval of this request, Petitioner respectfully requests
`
`that the Board credit $14,000 to Deposit Account No. 506989.
`
`
`
`1
`
`

`

`Case No. IPR2017-00287
`Request for Refund of Post Institution Fee
`
`Dated: June 6, 2017
`
`Respectfully submitted,
`
`/Theresa C. Kavanaugh/
`Theresa C. Kavanaugh
`(Reg. No. 50,356)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, Massachusetts 02210
`(617) 570-1000 (Tel.)
`(617) 523-1231 (Fax)
`tkavanaugh@goodwinlaw.com
`
`Counsel for Petitioners
`
`
`
`2
`
`

`

`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that “REQUEST FOR REFUND OF
`
`POST-INSTITUTION FEE FOR INTER PARTES REVIEW IPR2017-00287” was
`
`served by electronic mail on this 6th day of June, 2017 on the following:
`
`Erin M. Sommers
`James B. Monroe
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
`erin.sommers@finnegan.com
`james.monroe@finnegan.com
`
`Dated: June 6, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Sarah Fink/
`Sarah Fink
`
`

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