`Patent No. 9,492,392 B2
`Request for Refund of Post-Institution Fees
`Attorney Docket No. KASHIV 7.1R-004
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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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`KASHIV PHARMA, LLC,
`Petitioner,
`v.
`PURDUE PHARMA L.P.,
`THE P.F. LABORATORIES, INC., and
`PURDUE PHARMACEUTICALS L.P.,
`Patent Owners.
`____________________
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`Case IPR2018-00625
`U.S. Patent No. 9,492,392 B2
`_____________________
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`REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`IPR2018-00625 (Patent No. 9,492,392 B2)
`Request for Refund of Post-Institution Fees
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`I.
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`STATEMENT OF THE PRECISE RELIEF REQUESTED
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`Petitioner Kashiv Pharma, LLC respectfully requests a refund of $16,200,
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`the post-institution fee paid for the Petition for Inter Partes Review of U.S. Patent
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`No. 9,492,392 (“the ’392 Patent”), assigned case number IPR2018-00625. A
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`refund is appropriate because, prior to any institution decision from the Board, the
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`Board granted the parties’ Joint Motion to Terminate and terminated the
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`proceeding. (Paper No. 24.)
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`II.
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`STATEMENT OF FACTS
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`On February 27, 2018, Petitioner filed a Petition for Inter Partes Review of
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`the ’392 Patent. (Paper No. 1.) On June 22, 2018, Patent Owners filed a Patent
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`Owner Preliminary Response. (Paper No. 15.)
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`On August 9, 2018, pursuant to the Board’s authorization, the parties filed a
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`Joint Motion to Terminate Pursuant To 35 U.S.C. § 317 and 37 C.F.R. §§ 42.5,
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`42.71(a), 42.72, and 42.74. (Paper No. 22.) On August 21, 2018, the Board granted
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`the joint motion and terminated the proceeding. (Paper No. 24.)
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`Because the proceeding was terminated prior to institution, Petitioner hereby
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`requests a refund of $16,200, the full amount of the post-institution fee paid by
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`Petitioner. Payment of the fee was processed through Financial Manager, and
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`posted to Deposit Account No. 12-1095 on February 27, 2018.
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`IPR2018-00625 (Patent No. 9,492,392 B2)
`Request for Refund of Post-Institution Fees
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`III. CONCLUSION
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`Upon review and approval of this request, Petitioners respectfully request
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`that the Board credit the $16,200 post-institution fee to Deposit Account
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`No. 12-1095.
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`Dated: August 29, 2018
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`5573344_1.docx
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`Respectively submitted,
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`By: s/ Tedd Van Buskirk /
`Tedd W. Van Buskirk
`Reg. No. 46,282
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`IPR2018-00625 (Patent No. 9,492,392 B2)
`Request for Refund of Post-Institution Fees
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
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`of the foregoing REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`was served in its entirety by filing these documents through the PTAB E2E System
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`as well as by e-mail to the following counsel of record on August 29, 2018:
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`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)
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`Dated: August 29, 2018
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`5573344_1.docx
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`By: s/ Tedd Van Buskirk /
`Tedd W. Van Buskirk
`Reg. No. 46,282
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