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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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`CHARLES RIVER LABORATORIES, INC. and CHARLES RIVER
`LABORATORIES INTERNATIONAL, INC.,
`Petitioners
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`v.
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`IDEXX LABORATORIES, INC., and IDEXX DISTRIBUTION, INC.
`Patent Owner
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`Case No.: IPR2016-01508
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`Patent No.: 8,945,945
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`For: Sample Collection and Analysis
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`REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I. STATEMENT OF PRECISE RELIEF REQUESTED
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`Petitioners Charles River Laboratories, Inc. and Charles River Laboratories
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`International, Inc. (collectively, “CRL”) hereby requests a refund of $14,800 for
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`the post-institution fees ($14,000 post-institution fee pursuant to 37 C.F.R. §
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`42.15(a)(2); $800 excess claims fee for claims in excess of 15 pursuant to 37
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`C.F.R. § 42.15(a)(4)) submitted with the filing of its petition for inter partes
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`review of U.S. Patent No. 8,945,945 (“the ’945 Patent”), assigned case number
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`IPR2016-01508.
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` CRL respectfully submits that this requested refund is
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`appropriate in light of the Board’s termination of the proceeding (Paper No. 10),
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`and the fact that no trial was instituted on the Petition.
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`II. STATEMENT OF FACTS
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`On July 29, 2016, CRL filed a Petition seeking inter partes review of claims
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`1-4, 6-9, 11-13, 15-18, and 20-21 of the ’945 Patent. (Paper No. 2.) On February
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`9, 2017, following an email authorization from the Board, CRL filed a joint motion
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`to dismiss its Petition in IPR2016-01508. (Paper No. 7.) On February 13, 2017,
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`the Board granted the motion and ordered that the petition in IPR2016-01508 be
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`terminated. (Paper No. 10.)
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`Because the proceeding was terminated before institution, CRL hereby
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`requests a refund of the $14,800 post-institution and excess claim fees it paid
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`pursuant to 37 C.F.R. § 42.15(a) when it filed the petition for inter partes review.
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`1
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`Payment of the post-institution fees was processed through Financial Manager on
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`July 29, 2016, and posted to the undersigned’s Deposit Account No. 50-6989 the
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`same day.
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`III. CONCLUSION
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`CRL requests that the Board credit $14,800, the amount of post-institution
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`and excess claim fees paid, to Deposit Account No. 50-6989.
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`
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`Dated: February 16, 2017
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`Respectfully submitted,
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`/s/ Brian Drummond
`(Reg. No. 68,414)
`
`Douglas J. Kline
`Srikanth K. Reddy
`Brian T. Drummond
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`(617) 570-1000
`dkline@goodwinlaw.com
`sreddy@goodwinlaw.com
`bdrummond@goodwinlaw.com
`
`Krupa K. Parikh
`GOODWIN PROCTER LLP
`901 New York Avenue, N.W.
`Washington, DC 20001
`(202) 346-4000
`kparikh@goodwinlaw.com
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Request of
`Refund of Post-Institution Fees was served electronically via email as follows:
`
`Daniel Boehnen (boehnen@mbhb.com)
`Grantland Drutchas (drutchas@mbhb.com)
`Patrick G. Gattari (gattari@mbhb.com)
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`By:
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`/s/ Brian Drummond
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`3
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`Dated: February 16, 2017
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`
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