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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`ARADIGM CORPORATION
`Petitioner
`
`v.
`
`INSMED INCORPORATED
`Patent Owner
`
`____________
`
`
`Case PGR2017-00021
`U.S. Patent No. 9,402,845
`
`____________
`
`
`PETITIONER'S REQUEST FOR
`REFUND OF POST-INSTITUTION FEES
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`Petitioner Aradigm Corporation ("Petitioner") respectfully requests a refund
`
`of the post-institution fees paid by Petitioner in the instant proceeding.
`
`On May 1, 2017, Petitioner filed a Petition for Post Grant Review of U.S.
`
`Patent No. 9,402,845 (Paper 1) requesting review of twenty-six (26) claims.
`
`Petitioner paid a fee of $37,550, including: (i) $12,000.00 for a post grant review
`
`request fee for up to twenty (20) claims; (ii) $1,500.00 for a post grant review
`
`request of each claim in excess of 20 (6 claims at $250.00 each); (iii) $18,000.00
`
`for a post grant review post-institution fee for up to fifteen (15) claims; and (iv)
`
`$6050.00 for a post grant review post-institution request of each claim in excess of
`
`15 (11 claims at $550.00 each). On November 15, 2017, the Patent and Trial
`
`Appeal Board issued a Decision (Paper 10), denying institution of post grant
`
`review on all challenged claims.
`
`Petitioner therefore respectfully requests a refund of Petitioner's paid post-
`
`institution fees, in the amount of $24,050 ($18,000 for the post grant review post-
`
`institution fee and $6,050 for the post grant review post-institution request of each
`
`claim in excess of 15), credited to Petitioner's USPTO Deposit Account (No.
`
`501349).
`
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: December 18, 2017
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/ Arlene L. Chow /
`Arlene L. Chow
`Registration No. 47,489
`Peter H. Noh
`(pro hac vice granted)
`Hogan Lovells US LLP
`875 Third Avenue
`New York, New York 10022
`Telephone: (212) 918-3000
`Fax: (212) 918-3100
`
`Counsel for Petitioner
`Aradigm Corporation
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`The undersigned certifies that on December 18, 2017, a true and correct
`
`copy of the foregoing PETITIONER'S REQUEST FOR REFUND OF POST-
`
`INSTITUTION FEES was served by email on the following counsel of record for
`
`Insmed Incorporated:
`
`Bonnie Weiss McLeod
`Michael Tuscan
`Adam Pivovar
`Sandhya Deo
`Jason Valentine
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., N.W., Ste. 700
`Washington, D.C. 20004
`
`Email:
`
`bweissmcleod@cooley.com
`mtuscan@cooley.com
`apivovar@cooley.com
`sdeo@cooley.com
`jvalentine@cooley.com
`zPGR2017-00021@cooley.com
`
`
`
` /
`
` Arlene Chow /
`Arlene L. Chow
`Registration No. 47,489
`
`

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