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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`OMNIACTIVE HEALTH TECHNOLOGIES, INC.,
`Petitioner,
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`v.
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`KEMIN INDUSTRIES, INC.
`Patent Owner
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`Case No. IPR2017-00306
`Patent No. 9,226,940
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`REQUEST FOR REFUND OF POST-INSTITUTION FEE
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 9,226,940
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` DC: 6361946-1
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`Case No. IPR2017-00306
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`On November 21, 2016, Petitioner filed a Petition for Inter Partes Review of
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`U.S. Patent No. 9,226,940 Under 35 U.S.C. §§ 311-319 and 37 C.F.R. §42.100 et
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`seq. (“Petition,” Paper No. 1), seeking inter partes review of claims 1-13 of the
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`’940 patent. On February 15, 2017, the Patent Trial and Appeal Board issued its
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`Termination Dismissing the Petition (Paper No. 11) prior to institution, in view of
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`the parties’ Joint Motion to Terminate Pursuant to 35 U.S.C. § 317 and 37 C.F.R.
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`§ 42.74 (Paper No. 8) filed on February 10, 2017. Petitioner hereby requests a
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`refund of $14,000 for the post-institution fee under 37 C.F.R. §42.15(a)(2)
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`submitted with the filing of the Petition.
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`Payment of the $14,000 Post-Institution Fee was processed through PTAB
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`E2E on November 21, 2016, and charged to the undersigned’s Deposit Account,
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`No. 50-0740 (Covington & Burling LLP). 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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`Respectfully submitted,
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`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
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`1
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`Fee to Deposit Account No. 50-0740.
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`Date: March 13, 2017
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`Case No. IPR2017-00306
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 13th day of March
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`2017, the foregoing Request for Refund of Post-Institution Fee for Request for
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`Inter Partes Review of U.S. Patent No. 9,226,940 was served via email by
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`agreement of the parties on the following counsel of record for Patent Owner:
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`Allison E. Kerndt
`Davis, Brown, Koehn, Shors & Roberts, P.C.
`allisonkerndt@davisbrownlaw.com
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`Date: March 13, 2017
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`Jay I. Alexander, Esq.
`Registration No.: 32,678
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