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UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FRESENIUS KABI USA, LLC and FRESENIUS KABI SWISSBIOSIM GmbH
`Petitioners,
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`v.
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`COHERUS BIOSCIENCES, INC.
`Patent Owners.
`________________________
`PGR2019-00064
`Patent 10,155,039 B2
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`Title: STABLE AQUEOUS FORMULATIONS OF ADALIMUMAB
`_________________________
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`REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`1
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`Petitioners Fresenius Kabi USA, LLC and Fresenius Kabi SwissBioSim
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`GmbH, (collectively, “Petitioners”) respectfully request a refund of $22,000.00,
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`the post-institution fees initially submitted with the Petition for Post Grant
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`Review of U.S. Patent No. 10,155,039 B2 (“the ’039 patent”), assigned case
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`number PGR2019-00064.
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`On September 17, 2019, Petitioners filed the Petition, and on March 19,
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`2020, the Board denied institution. Paper 3, Paper 10. On April 17, 2020
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`Petitioners filed a Request for Rehearing. Paper 11. On January 27, 2021 the
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`Board denied Petitioners’ Requests for Rehearing. Paper 12.
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`Because the Board did not institute this PGR, Petitioners hereby request a
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`refund of $22,000.00, the post-institution fees paid pursuant to 37 C.F.R.
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`§ 42.15(b)(2). Payment of the post-institution fees was processed through PTAB
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`E2E on September 17, 2019, and charged to the undersigned’s Deposit Account
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`No. 506989. Upon review and approval of this request, Petitioners respectfully
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`request that the Board credit $22,000.00 to Deposit Account No. 506989.
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`Date: February 23, 2021
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`Respectfully Submitted,
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`By: /Linnea Cipriano/
`Linnea Cipriano (Reg. No. 67,729)
`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)
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`2
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`lcipriano@goodwinlaw.com
`hwu@goodwinlaw.com
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`Counsel for Petitioners
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`3
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.15(b), the undersigned certifies that
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`on February 23, 2021, a copy of the foregoing REQUEST FOR REFUND OF
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`POST-INSTITUTION FEES was served by email on the lead and back-up
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`counsel for Patent Owners at:
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`Joseph A. Hynds (jhynds@rfem.com)
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`Jennifer P. Nock (jnock@rfem.com)
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`Aydin H. Harston (aharston@rfem.com)
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`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
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`607 14TH Street N.W., Suite 800
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`Washington, DC 20005
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`litigationparalegals@rothwellfigg.com
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`Date: February 23, 2021
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`Respectfully Submitted,
`By: /Linnea Cipriano/
`Linnea Cipriano (Reg. No. 67,729)
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`4
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