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`Filed: October 16, 2019
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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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`NEPTUNE GENERICS, LLC
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`PETITIONER
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`V.
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`AVENTIS PHARMA S.A.
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`PATENT OWNER
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`___________________
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`CASE NO.: IPR2019-00136
`PATENT NO. 5,847,170
`FILED: MARCH 26, 1996
`ISSUED: DECEMBER 8, 1998
`INVENTORS: HERVÉ BOUCHARD,
`JEAN-DOMINIQUE BOURZAT, ALAIN COMMERÇON
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`TITLE: TAXOIDS, THEIR PREPARATION, AND PHARMACEUTICAL
`COMPOSITIONS CONTAINING THEM
`___________________
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`PETITIONER’S REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
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`Petitioner Neptune Generics, LLC (“Neptune”) filed a petition for inter
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`partes review of two (2) claims of U.S. Patent No. 5,847,170 on October 31, 2018
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`(Paper No. 1). As indicated by the below payment section corresponding to this
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`IPR proceeding at https://ptab.uspto.gov, Petitioner at the time of filing, submitted
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`a total fee of $30,500.00, consisting of a $15,500.00 request fee, a $15,000.00 post-
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`institution fee in accordance with 37 C.F.R. § 42.15(a):
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` On October 15, 2019, the Board denied Petitioners’ request for rehearing
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`(Paper No. 16) of the Board’s decision denying institution of the inter partes
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`review (Paper No. 15). (Paper No. 20). In view of the Board’s decision denying
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`institution of inter partes review, Petitioner respectfully requests a refund of the
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`post-institution fee of $15,000.00 that was submitted with its petition pursuant to
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`37 C.F.R. § 42.15(a)(2) as set forth in the Board’s Final Rule, Setting and
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`Adjusting Patent Fees, 78 Fed. Reg. 4212, 4234-35 (Jan. 18, 2013) (authorizing
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`refunds of post-institution fees when review is not instituted). Petitioner requests
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`that the refund be deposited in Deposit Account No. 506293.
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`2
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`Dated October 16, 2019
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`
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`Respectfully Submitted,
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`/Alexander E. Gasser/
`Alexander E. Gasser (Reg. No. 48,760)
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`P: 214-978-6600/F: 214-978-6601
`Lead Counsel for Petitioner
`
`Sarah Spires (Reg. No. 61,501)
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`P: 214-978-6600/F: 214-978-6601
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`Back-Up Counsel for Petitioner
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`3
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on October 16, 2019, a copy of this Petitioner’s Request
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`for Refund, was served by delivering a copy via electronic mail to the attorneys of
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`record for the Patent Owner as follows:
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`Daniel J. Minion (Reg. No. 53,329)
`Dominick A. Conde (Reg. No. 33,856)
`William E. Solander
`Melinda R. Roberts
`Venable LLP
`1290 Avenue of the Americas
`New York, NY
`Telephone: (212) 218-2538
`Facsimile: (212) 218-2200
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`DMinion@Venable.com
`DConde@Venable.com
`WSolander@Venable.com
`MRRoberts@Venable.com
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`/Alexander E. Gasser/
`Alexander E. Gasser (Reg. No. 48,760)
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
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`P: 214-978-6600/F: 214-978-6601
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`4
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