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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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`AYLA PHARMA LLC,
`Petitioner
`
`v .
`
`NOVARTIS AG,
`Patent Owner.
`
`U.S. Patent No. 9,533,053 to Gamache et al.
`Issue Date: January 3, 2017
`Title: High Concentration Olopatadine Ophthalmic Composition
`
`
`
`Inter Partes Review No.: IPR2020-00295
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`PETITIONER’S REQUEST FOR REFUND OF IPR FEES
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`

`

`Case IPR2020-00295
`Patent No. 9,533,053
`
`
`Petitioner Ayla Pharma LLC (“Ayla”) requests a refund in the amount of $
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`
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`15,000 to be paid to Deposit Acct. No. 501290 (Customer ID No. 27160) pursuant to
`
`the U.S. Patent and Trademark Office’s Final Rule Setting and Adjusting Patent
`
`Fees, 78 F.R. 4211, 4234-35 (Jan. 18, 2013).
`
`On December 24, 2019, Ayla filed a Petition for inter partes review against
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`U.S. Patent No. 9,533,053, proceeding IPR2020-00295. In accordance with the fee
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`schedule specified in 37 C.F.R. § 42.15(a), Ayla deposited an electronic payment in
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`the amount of $ 30,500 with the PTO at the time of filing its Petition. Ayla’s
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`payment consisted of $ 15,500 in fees associated with Ayla’s inter partes review
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`request, and a further $ 15,000 in Post-Institution fees.
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`On August 6, 2020, the Board entered a decision to terminate proceeding
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`IPR2020-00295 denying institution (Paper 12) and on May 6, 2021, the Board
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`entered a decision denying the rehearing request. (Paper 14) Accordingly, Ayla
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`requests a refund in the amount of $15,000 for the Post-Institution fees.
`
`2
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`

`

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`
`
`Case IPR2020-00295
`Patent No. 9,533,053
`
`RESPECTFULLY SUBMITTED,
`
`
`/jitendra malik/
`
`Jitendra Malik
`Reg. No. 55823
`Katten Muchin Rosenman LLP
`550 S. Tryon Street, Suite 2900
`Charlotte, NC 28202-4213
`
`Lead Counsel for Petitioner
`AYLA PHARMA LLC
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`
`
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`
`
`Date: June 8, 2021
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`3
`
`

`

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`CERTIFICATION OF SERVICE
`
`Case IPR2020-00295
`Patent No. 9,533,053
`
`
`The undersigned certifies a copy of the foregoing PETITIONER’S
`
`REQUEST FOR REFUND OF IPR FEES was served on June 8, 2021 via
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`electronic mail directed to the counsel of record for the Patent Owner at the
`
`following:
`
`
`
`atrask@wc.com
`
`scott.chapple@novartis.com
`
`peter.waibel@novartis.com
`
`/jitendra malik/
`
`
`
`
`
`
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` RESPECTFULLY SUBMITTED,
`
`
`
`
`Jitendra Malik
`Reg. No. 55823
`Katten Muchin Rosenman LLP
`550 S. Tryon Street, Suite 2900
`Charlotte, NC 28202-4213
`
`Lead Counsel for Petitioner
`AYLA PHARMA LLC
`
`4
`
`

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