`
`PGR2021-00003
`U.S. Patent No. 10,596,276
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`EVERGREEN THERAGNOSTICS, INC.
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`Petitioner
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`– vs. –
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`ADVANCED ACCELERATOR APPLICATIONS SA
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`Patent Owner
`
`____________________
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`CASE NO. PGR2021-00003
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`PGR2021-00003
`U.S. Patent No. 10,596,276
`Petitioner Evergreen Theragnostics, Inc. (“Evergreen”) hereby requests a
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`refund of $31,700.00 for Post-Institution Fees under 37 C.F.R. § 42.15(a)(4)
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`submitted with its Petition.
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`On October 2, 2020, Evergreen filed a Petition for Post-Grant Review of
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`Claims 1-24 of U.S. Patent No. 10,596,276. Paper 2. At the time of filing the
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`Petition, Petitioner submitted $53,600.00 in fees (using EFT Account No. 536)
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`comprising the following:
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`Fee
`Post-Grant Review Request Fee
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`Post-Grant Review Request of Each Claim in
`Excess of 20
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`Post-Grant Review Post-Institution Fee
`
`Post-Grant Review Post-Institution Fees of
`Each Claim in Excess of 20
`TOTAL
`
`Amount
`$20,000
`
`$1,900
`
`$27,500
`
`$4,200
`
`$53,600
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`The Board denied institution of Post-Grant Review on April 14, 2021. Paper
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`10. Evergreen will not request a rehearing and therefore requests a refund of the
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`post-institution fees totaling $31,700.00. Upon review and approval of this
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`request, Petitioner respectfully requests that the Board credit the post-institution
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`fees to EFT Account No. 536, Ref. No. 34328-00001.
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`1
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`April 30, 2021
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`PGR2021-00003
`U.S. Patent No. 10,596,276
`Respectfully submitted,
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`
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`
`
`/C. Kyle Musgrove/
`C. Kyle Musgrove
`Registration No. 40,742
`Attorney for Evergreen Theragnostics, Inc.
`
`Attorney Docket No.: 34328-00001
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`
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`2
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`PGR2021-00003
`U.S. Patent No. 10,596,276
`CERTIFICATE OF SERVICE
`
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that service
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`was made on counsel of record for the Patent Owner as detailed below.
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`Date of service: April 30, 2021
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`Manner of service: electronic mail
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`Documents served: Petitioner’s Request for Refund of Post-Institution Fees
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`Persons served:
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`Jane M. Love, Ph.D.
`(Reg. No. 42,812)
`Kyanna Sabanoglu
`(Reg. No. 79,206)
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue
`New York, NY 10166
`Office: (212) 351-3922
`Mobile: 917-376-8790
`Fax: (212) 351-6322
`Email: jlove@gibsondunn.com
` ksabanoglu@gibsondunn.com
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`/C. Kyle Musgrove/
`C. Kyle Musgrove
`Registration No. 40,742
`Attorney for Evergreen Theragnostics, Inc.
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`3
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