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Paper No.
`Filed: June 29, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`MYLAN PHARMACEUTICALS INC.
`Petitioner,
`
`v.
`
`SHIRE LABORATORIES, INC
`Patent Owner.
`_____________________
`
`Case IPR2017-00011
`Patent RE41,148
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`
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`PETITIONER’S REQUEST FOR REFUND OF IPR FEES
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`

`

`Case IPR2017-00011
`Patent RE41,148
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`Petitioner Mylan Pharmaceuticals Inc. (“Mylan”) requests a refund in the
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`
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`amount of $16,000 to be paid to Deposit Acct. No. 160605 (Customer ID No.
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`00826) pursuant to the U.S. Patent and Trademark Office’s Final Rule Setting and
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`Adjusting Patent Fees, 78 F.R. 4211, 4234-35 (Jan. 18, 2013).
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`On October 4, 2016, Mylan filed a Petition for inter partes review against
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`U.S. Patent No. RE41,148, proceeding IPR2017-00011. In accordance with the fee
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`schedule specified in 37 C.F.R. § 42.15(a), Mylan deposited an electronic payment
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`in the amount of $ 25,000 with the PTO at the time of filing its Petition. Mylan’s
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`payment consisted of $ 9,000 in fees associated with Mylan’s inter partes review
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`request, and a further $ 16,000 in Post-Institution fees.
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`On April 14, 2017, the Board entered a decision to deny institution of
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`IPR2017-00011. Accordingly, Mylan requests a refund in the amount of $16,000
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`for the Post-Institution fees.
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`Date: June 29, 2017
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`2
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`RESPECTFULLY SUBMITTED,
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`
`/Jitendra Malik/
`
`Jitendra Malik
`Reg. No. 55823
`Alston & Bird LLP
`4721 Emperor Boulevard, Suite 400
`Durham, North Carolina 27703
`
`Lead Counsel for Petitioner
`Mylan Pharmaceutical Inc.
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`CERTIFICATION OF SERVICE
`
`Case IPR2017-00011
`Patent RE41,148
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`The undersigned certifies a copy of the foregoing PETITIONER’S
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`REQUEST FOR REFUND OF IPR FEES was served on June 29, 2017 via
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`electronic mail directed to the counsel of record for the Patent Owner at the
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`following:
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`Joseph Robinson
`joseph.robinson@troutmansanders.com
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`Robert Schaffer
`robert.schaffer@troutmansanders.com
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`Dustin Weeks
`dustin.weeks@troutmansanders.com
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`Respectfully submitted,
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`Alston & Bird LLP
`
`By: /Jitendra Malik/
`
`Jitendra Malik, Ph.D.
`Reg. No. 55823
`Alston & Bird LLP
`4721 Emperor Blvd., Suite 400
`Durham, NC 27703-8580
`jitty.malik@alston.com
`
`Attorneys for Petitioner
`Mylan Pharmaceutical Inc.
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`3
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