`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`LUPIN LTD. and LUPIN PHARMACEUTICALS INC.
`Petitioners,
`v.
`
`HORIZON THERAPUETICS, LLC
`Patent Owner.
`
`_______________________
`
`IPR2018-00459
`U.S. Patent No. 9,561,197
`
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`1.
`
`STATEMENT OF THE PRECISE RELIEF REQUESTED
`
`Petitioners Lupin Ltd. and Lupin Pharmaceuticals, Inc. respectfully requests
`
`a refund of $14,000, the post-institution fee paid for the Petition for Inter Partes
`
`Review of U.S. Patent 9,561,197 (“the ’197 patent”), assigned case number
`
`IPR2018-00459. A refund is appropriate because, prior to any institution decision
`
`from the Board, the Board granted the parties’ Joint Motion to Terminate Inter
`
`Partes Review, and terminated the proceeding. (Paper No. 12.)
`
`2.
`
`STATEMENT OF FACTS
`On January 12, 2018, Petitioner filed a Petition for Inter Partes Review of
`
`the ’197 patent. On May 23, 2018, Patent Owner filed a Patent Owner Preliminary
`
`Response.
`
`On July 9, 2018, pursuant to the Board’s authorization, the parties filed a
`
`Joint Motion to Terminate Inter Partes Review. On July 25, 2018, the Board
`
`granted the joint motion and terminated the proceeding. (Paper No. 12.)
`
`Because the proceeding was terminated prior to institution, Petitioners
`
`hereby request a refund of $14,000, the full amount of the post-institution fee paid
`
`by Petitioners. Payment of the fee was processed through Financial Manager, and
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`posted to Deposit Account No. 506989 on January 16, 2018.
`
`
`
`
`2
`
`
`
`3.
`
`CONCLUSION
`
`Upon review and approval of this request, Petitioners respectfully request
`
`that the Board credit the $14,000 post-institution fee to Deposit Account No.
`
`
`
`506989.
`
`
`
`Dated: August 14, 2018
`
`Respectfully submitted,
`
` /Cynthia Lambert Hardman/
`Elizabeth J. Holland
`(Reg. No. 47,657)
`Cynthia Lambert Hardman
`(Reg. No. 53,179)
`GOODWIN PROCTER LLP
`620 Eighth Avenue
`New York, NY 10018
`Phone: 212.813.8800
`Email: chardman@goodwinlaw.com
`
`
`Attorneys for Petitioner
`
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on this 14th day of August 2018, I
`
`caused the foregoing “REQUEST FOR REFUND OF POST-INSTITUTION
`
`FEES” to be served by electronic mail on the following:
`
`Robert Green (Reg. No. 27,555)
`Caryn Borg-Breen (Reg. No. 52,637)
`Green, Griffith & Borg-Breen, LLP
`City Place, Suite 3900
`676 N. Michigan Avenue
`Chicago, Illinois 60611
`Phone: (312) 883-8000
`Fax: (312) 883-8001
`rgreen@greengriffith.com
`cborg-breen@greengriffith.com
`
`Matthew Phillips (Reg. No. 43, 403)
`Laurence &Phillips IP Law LLP
`7327 SW Barnes Road #521
`Portland, Oregon 97225
`Phone: (503) 964-1129
`Fax: (703) 439-1624
`mphillips@lpiplaw.com
`
`Dennis Bennett (Reg. NO. 34,547)
`Global Patent Group, LLC
`1005 N. Warson Road, Suite 404
`St. Louis, Missouri 63132
`Phone: (314) 812-8018
`Fax: (314) 685-2300
`dennisbennett@globalpatentgroup.com
`
`
`
` /Cynthia Lambert Hardman/
`Cynthia Lambert Hardman
`Registration No. 53,179
`
`
`
`
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