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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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`ARGENTUM PHARMACEUTICALS LLC
`Petitioner
`v.
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`ICOS CORPORATION,
`Patent Owner
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`U.S. Patent No. 6,943,166 B1
`Inter Partes Review No. IPR2017-01762
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`PETITIONER’S REQUEST FOR REFUND
`OF INSTITUTION FEE
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`The petitioner Argentum Pharmaceuticals LLC (“Argentum”) requests a
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`refund of the $14,000 institution fee paid when the inter partes review petition was
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`filed in IPR2017-01762 on July 12, 2017. Pursuant to 35 U.S.C. § 317(b) and 37
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`C.F.R. § 42.74(c), Petitioner and Patent Owner jointly requested termination on
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`August 28, 2017 and IPR2017-01762 was terminated on September 3, 2017.
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`Argentum therefore requests refund of the entire $14,000 institution fee. See 78 Fed.
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`Reg. 4212, 4233 (Jan. 18, 2013) (“The entire post-institution fee would be returned
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`to the petitioner if the Office does not institute a review.”); see also PTAB E2E
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`Frequently Asked Questions, G10 (“If the proceeding is terminated before
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`institution and the petition was filed on or after March 19, 2013, the petitioner may
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`file a request for a refund of the post-institution fee paid.”).
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`The refund may be paid by crediting the credit card used to pay the institution
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`fee on July 12, 2017; by crediting Laurence & Phillips IP Law LLP’s deposit
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`account no. 50-6921; by check made to Argentum Pharmaceuticals LLC and mailed
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`to the lead attorney (Kevin Laurence, Laurence & Phillips IP Law LLP, 1940 Duke
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`Street, Suite 200, Alexandria, VA 22314); or by any other means acceptable to the
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`Office.
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`Date: Oct. 10, 2017
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`Respectfully submitted,
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`/Kevin B. Laurence/
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`Kevin B. Laurence
`Lead Counsel for Petitioner
`Registration No. 38,219
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`CERTIFICATE OF SERVICE
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`I hereby certify that on Oct. 4, 2017, a copy of the foregoing
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`PETITIONER’S REQUEST FOR REFUND OF INSTITUION FEE and all
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`documents filed with it were served via email upon the following counsel of record
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`for the patent owner, as consented to by said counsel:
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`Mark J. Feldstein: mark.feldstein@finnegan.com
`Joshua L. Goldberg: joshua.goldberg@finnegan.com
`Yieyie Yang: yieyie.yang@finnegan.com
`Maureen D. Queler: maureen.queler@finnegan.com
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
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`Mark J. Stewart: stewart_mark@lilly.com
`Dan L. Wood: wood_dan_l@lilly.com
`Gerald P. Keleher: keleher_gerald@lilly.com
`Eli Lilly and Company
`Lilly Corporate Center
`Indianapolis, IN 46285
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`Dated: October 10, 2017
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`Respectfully submitted,
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`/Kevin B. Laurence/
`Kevin B. Laurence, Lead Counsel for Petitioner
`Registration No. 38,219
`klaurence@lpiplaw.com
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`Laurence & Phillips IP Law LLP
`1940 Duke St., Ste. 200
`Alexandria, Virginia 22314
`Telephone: 703-448-8787
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