`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BIOFRONTERA INCORPORATED,
`
`BIOFRONTERA BIOSCIENCE GMBH,
`
`BIOFRONTERA PHARMA GMBH,
`
`AND
`
`BIOFRONTERA AG
`
`Petitioner
`
`v.
`
`DUSA PHARMACEUTICALS, INC.
`
`Patent Owner
`__________________
`
`
`Inter Partes Review No. IPR2022-00056
`U.S. Patent No. 10,357,567
`
`
`
`
`
`
`
`
`
`
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313–1450
`
`
`
`
`
`IPR2022-00056
`Request for Refund of Post-Institution Fees
`
`
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 Fed. Reg. 4212, 4232–4234 (Jan. 18, 2013), Biofrontera
`
`Incorporated, Biofrontera Bioscience GmbH, Biofrontera Pharma GmbH, and
`
`Biofrontera AG (collectively, “Petitioner”), requests a refund in the amount of
`
`$22,500.00 to be paid to deposit account number 50-5723.
`
`On October 19, 2021, Petitioner filed a petition for inter partes review of
`
`claims 1-10 of U.S. Patent No. 10,357,567 that was assigned case number IPR2022-
`
`00056. Paper No. 1. In accordance with the fee schedule specified in 37 C.F.R. §
`
`42.15(a), Petitioner deposited an electronic payment in the amount of $19,000.00
`
`with the Board at the time of filing of its Petition to cover associated fees with
`
`Petitioner’s inter partes review request, and a further $22,500.00 for Post-Institution
`
`fees.
`
`On January 24, 2022, the Board granted pre-institution dismissal of the
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`petition and terminated the proceeding. Paper No. 10. Accordingly, Petitioner
`
`respectfully requests a refund of the post-institution fees paid at the time of filing.
`
`Specifically, Petitioner requests a refund of $22,500 for the post-institution fees
`
`previously paid in this case. The amount may be deposited into PTO Deposit
`
`Account No. 50-5723.
`
`
`
`2
`
`
`
`IPR2022-00056
`Request for Refund of Post-Institution Fees
`
`
`
`Respectfully submitted,
`
`Dated: January 28, 2022
`
`By: /Lauren L. Fornarotto/
`
`
`
`Lauren L. Fornarotto, Reg. No. 76,470
`
`3
`
`
`
`IPR2022-00056
`Request for Refund of Post-Institution Fees
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on January 28, 2022, I will cause a copy of the foregoing
`
`document, including any exhibits referred to therein, to be served via electronic mail,
`
`as previously consented to by Patent Owner, upon the following:
`
`W. Karl Renner
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR46697-0005IP1@fr.com
`
`Heather L. Flanagan
`Andrew B. Patrick
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`PTABInbound@fr.com
`axf-ptab@fr.com
`patrick@fr.com
`flanagan@fr.com
`
`Dated: January 28, 2022
`
`
`
`By: /Lauren L. Fornarotto/
`Lauren L. Fornarotto
`Reg. No. 76,470
`
`
`
`
`
`4
`
`
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