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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`OMNIACTIVE HEALTH TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`KEMIN INDUSTRIES, INC.
`Patent Owner
`
`Case No. IPR2017-00306
`Patent No. 9,226,940
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEE
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 9,226,940
`
`
`
`
`
`
`
`
`
`
`
` DC: 6361946-1
`
`

`

`Case No. IPR2017-00306
`
`On November 21, 2016, Petitioner filed a Petition for Inter Partes Review of
`
`U.S. Patent No. 9,226,940 Under 35 U.S.C. §§ 311-319 and 37 C.F.R. §42.100 et
`
`seq. (“Petition,” Paper No. 1), seeking inter partes review of claims 1-13 of the
`
`’940 patent. On February 15, 2017, the Patent Trial and Appeal Board issued its
`
`Termination Dismissing the Petition (Paper No. 11) prior to institution, in view of
`
`the parties’ Joint Motion to Terminate Pursuant to 35 U.S.C. § 317 and 37 C.F.R.
`
`§ 42.74 (Paper No. 8) filed on February 10, 2017. Petitioner hereby requests a
`
`refund of $14,000 for the post-institution fee under 37 C.F.R. §42.15(a)(2)
`
`submitted with the filing of the Petition.
`
`Payment of the $14,000 Post-Institution Fee was processed through PTAB
`
`E2E on November 21, 2016, and charged to the undersigned’s Deposit Account,
`
`No. 50-0740 (Covington & Burling LLP). Upon review and approval of this
`
`request, Petitioner respectfully requests that the Board credit the Post-Institution
`
`Respectfully submitted,
`
`
`
`By___________________________
`David A. Garr
` Registration No. 74,932
`Jay I. Alexander
` Registration No. 32,678
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`Attorneys for Petitioner
`
`1
`
`Fee to Deposit Account No. 50-0740.
`
`Date: March 13, 2017
`
`
`
`
`
`
`
`
`

`

`Case No. IPR2017-00306
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 13th day of March
`
`2017, the foregoing Request for Refund of Post-Institution Fee for Request for
`
`Inter Partes Review of U.S. Patent No. 9,226,940 was served via email by
`
`agreement of the parties on the following counsel of record for Patent Owner:
`
`
`Allison E. Kerndt
`Davis, Brown, Koehn, Shors & Roberts, P.C.
`allisonkerndt@davisbrownlaw.com
`
`
`
`Date: March 13, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Jay I. Alexander, Esq.
`Registration No.: 32,678
`
`
`
`
`
`
`
`

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