`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FRESENIUS KABI USA, INC. and FRESENIUS KABI SWISSBIOSIM GmbH
`Petitioners,
`
`v.
`
`AMGEN, INC. and AMGEN MANUFACTURING LIMITED
`Patent Owners.
`
`IPR2019-00971
`
`Patent No. 9,856,287
`
`Title: REFOLDING PROTEINS USING A CHEMICALLY CONTROLLED
`REDOX STATE
`
`NOTICE TO WITHDRAW REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`I.
`
`STATEMENT OF THE PRECISE RELIEF REQUESTED
`Petitioners Fresenius Kabi USA, LLC and Fresenius Kabi SwissBioSim
`
`GmbH, (collectively, “Petitioners”) respectfully withdraw their Request for
`
`Refund of Post-Institution Fees, dated October 23, 2019, for Inter Partes
`
`Review of U.S. Patent No. 9,856,287 (“the ’287 patent”), assigned case number
`
`IPR2019-00971, but reserve the right to re-file it at a later date.
`
`II.
`
`STATEMENT OF FACTS
`On April 14, 2019, Petitioners filed a Petition for Inter Partes Review of
`
`claims 1, 4-6, 8-10, 12, 14-16, 19-21, 23-26, 29-30 of the ’287 patent under
`
`35 U.S.C. §§ 102 and 103. On October 16, 2019, the Board denied institution.
`
`(Paper No. 13.)
`
`On October 23, 2019, Petitioners filed a Request for Refund of Post-
`
`Institution Fees paid pursuant to 37 C.F.R. § 42.15(a)(2) and (a)(4) because no
`
`trial was instituted in this IPR.
`
`Petitioners now withdraw that Request for Refund, but reserve their right
`
`to re-file it at a later date.
`
`Date: November 1, 2019
`
`Respectfully Submitted,
`By: /s/ Huiya Wu
`Huiya Wu (Reg. No. 44,411)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
`hwu@goodwinlaw.com
`
`
`
`Counsel for Petitioners
`Counselfor Petitioners
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), the undersigned certifies that
`
`on November 1, 2019, a copy of the foregoing NOTICE TO WITHDRAW
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES was served by
`
`email on the lead and back-up counsel for Patent Owners at:
`
`Lead Counsel
`J. Steven Baughman (Reg. No. 47,414)
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`2001 K St. NW
`Washington, DC 20006
`Tel: (202) 223-7300
`Fax: (202) 403-3740
`sbaughman@paulweiss.com
`
`Backup Counsel
`Megan Raymond (Reg. No. 72,997)
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`2001 K St. NW
`Washington, DC 20006
`Tel: (202) 223-7300
`Fax: (202) 403-3777
`mraymond@paulweiss.com
`
`Dated: November 1, 2019
`
`
`/s/ Huiya Wu
`Huiya Wu
`Registration No. 44411
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
