`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`APOTEX INC.,
`Petitioner,
`
`v.
`
`PFIZER INC.,
`Patent Owner.
`
`_____________________
`
`Inter Partes Review No.: IPR2021-01132
`_____________________
`
`U.S. Patent No. 6,890,927 to Bogle et al.
`Issued: May 10, 2005
`
`Title: TARTRATE SALTS OF 5,8, 14-TRIAZATERACYCLO[10.3.1.02,11
`04.9]-HEXADECA-2(11),3,5,7,9-PENTAENE AND
`PHARMACEUTICAL COMPOSITIONS THEREOF
`_____________________
`
`APOTEX INC.’S REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
`
`
`
`
`
`
`
`
`
`Petitioner Apotex Inc. (“Apotex”) respectfully requests a refund of post-
`
`institution fees in the amount of $22,500.
`
`On June 17, 2021, Apotex filed a Petition for Inter Partes Review of claims
`
`1-2 of U.S. Patent No. 6,890,927. See IPR2021-01132, Paper 1. As required by 37
`
`C.F.R. § 42.15(a), Apotex deposited $41,500 with the U.S. Patent and Trademark
`
`Office (“USPTO”) at the time of filing the Petition in order to cover associated fees.
`
`Apotex’s payment consisted of $19,000 in fees associated with the request for Inter
`
`Partes Review, and a further $22,500 in post-institution fees.
`
`Prior to the Board’s issuance of an Institution Decision, Apotex and Patent
`
`Owner Pfizer Inc. filed a Joint Motion to Terminate. Id., Paper 8. On October 29,
`
`2021, the Board issued a Decision granting the parties’ Joint Motion to Terminate.
`
`Id., Paper 9. Inter Partes Review was thus not instituted.
`
`Accordingly, Apotex requests a refund of the post-institution fees paid to the
`
`USPTO in connection with this proceeding, totaling $22,500, to be paid to Deposit
`
`Account 503626.
`
`
`
`
`Dated: November 2, 2021
`
`
`
`
`
`Respectfully submitted,
`
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`
`/s/ Deanne M. Mazzochi
`Deanne M. Mazzochi (Reg. No. 50,158)
`Paul J. Molino (Reg. No. 45,350)
`Jeffrey A. Marx (Reg. No. 56,977)
`6 West Hubbard Street, Suite 500
`2
`
`
`
`
`
`Chicago, IL 60654
`Telephone: (312) 222-6305
`Facsimile: (312) 222-6325
`dmazzochi@rmmslegal.com
`paul@rmmslegal.com
`jmarx@rmmslegal.com
`
`Counsel for Petitioner Apotex Inc.
`
`
`
`
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a complete copy of APOTEX INC.’S
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES was served via
`
`electronic mail on November 2, 2021, on the following attorneys of record at:
`
`Andrew V. Trask
`atrask@wc.com
`
`Michael Xun Liu
`mliu@wc.com
`
`Richard V. Zanzalari
`richard.zanzalari@pfizer.com
`
`Bryan C. Zielinski
`bryan.c.zielinski@pfizer.com
`
`
`
`
`
`
`
`Dated: November 2, 2021
`
`
`
`
`
`Respectfully Submitted,
`
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`
`/s/ Deanne M. Mazzochi
`Deanne M. Mazzochi (Reg. No. 50,158)
`6 West Hubbard Street, Suite 500
`Chicago, IL 60654
`Telephone: (312) 222-6305
`Facsimile: (312) 222-6325
`dmazzochi@rmmslegal.com
`
`Counsel for Petitioner Apotex Inc.
`
`
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