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IPR2018-00625
`Patent No. 9,492,392 B2
`Request for Refund of Post-Institution Fees
`Attorney Docket No. KASHIV 7.1R-004
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`KASHIV PHARMA, LLC,
`Petitioner,
`v.
`PURDUE PHARMA L.P.,
`THE P.F. LABORATORIES, INC., and
`PURDUE PHARMACEUTICALS L.P.,
`Patent Owners.
`____________________
`
`Case IPR2018-00625
`U.S. Patent No. 9,492,392 B2
`_____________________
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`
`
`
`
`i
`
`

`

`IPR2018-00625 (Patent No. 9,492,392 B2)
`Request for Refund of Post-Institution Fees
`
`I.
`
`STATEMENT OF THE PRECISE RELIEF REQUESTED
`
`Petitioner Kashiv Pharma, LLC respectfully requests a refund of $16,200,
`
`the post-institution fee paid for the Petition for Inter Partes Review of U.S. Patent
`
`No. 9,492,392 (“the ’392 Patent”), assigned case number IPR2018-00625. A
`
`refund is appropriate because, prior to any institution decision from the Board, the
`
`Board granted the parties’ Joint Motion to Terminate and terminated the
`
`proceeding. (Paper No. 24.)
`
`II.
`
`STATEMENT OF FACTS
`
`On February 27, 2018, Petitioner filed a Petition for Inter Partes Review of
`
`the ’392 Patent. (Paper No. 1.) On June 22, 2018, Patent Owners filed a Patent
`
`Owner Preliminary Response. (Paper No. 15.)
`
`On August 9, 2018, pursuant to the Board’s authorization, the parties filed a
`
`Joint Motion to Terminate Pursuant To 35 U.S.C. § 317 and 37 C.F.R. §§ 42.5,
`
`42.71(a), 42.72, and 42.74. (Paper No. 22.) On August 21, 2018, the Board granted
`
`the joint motion and terminated the proceeding. (Paper No. 24.)
`
`Because the proceeding was terminated prior to institution, Petitioner hereby
`
`requests a refund of $16,200, the full amount of the post-institution fee paid by
`
`Petitioner. Payment of the fee was processed through Financial Manager, and
`
`posted to Deposit Account No. 12-1095 on February 27, 2018.
`
`
`
`

`

`IPR2018-00625 (Patent No. 9,492,392 B2)
`Request for Refund of Post-Institution Fees
`
`III. CONCLUSION
`
`Upon review and approval of this request, Petitioners respectfully request
`
`that the Board credit the $16,200 post-institution fee to Deposit Account
`
`No. 12-1095.
`
`Dated: August 29, 2018
`
`
`
`
`
`
`5573344_1.docx
`
`Respectively submitted,
`
`By: s/ Tedd Van Buskirk /
`Tedd W. Van Buskirk
`Reg. No. 46,282
`
`
`
`
`
`2
`
`

`

`IPR2018-00625 (Patent No. 9,492,392 B2)
`Request for Refund of Post-Institution Fees
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`of the foregoing REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`was served in its entirety by filing these documents through the PTAB E2E System
`
`as well as by e-mail to the following counsel of record on August 29, 2018:
`
`VIA E-MAIL
`Gasper J. LaRosa, Esq. (gjlarosa@jonesday.com)
`Kelsey I. Nix, Esq. (knix@jonesday.com)
`Pablo D. Hendler, Esq. (phendler@jonesday.com)
`Kenneth S. Canfeld, Esq. (kcanfield@jonesday.com)
`Sarah A. Geers, Esq. (sgeers@jonesday.com)
`Christopher J. Harnett, Esq. (charnett@jonesday.com)
`Lisamarie LoGiudice, Esq. (llogiudice@jonesday.com)
`
`
`
`
`
`
`Dated: August 29, 2018
`
`
`
`
`
`
`
`5573344_1.docx
`
`By: s/ Tedd Van Buskirk /
`Tedd W. Van Buskirk
`Reg. No. 46,282
`
`
`
`
`
`

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