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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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`XEROX CORP., ACS TRANSPORT
`SOLUTIONS, INC., XEROX
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`TRANSPORT SOLUTIONS, INC.,
`CONDUENT INC., and
`NEW JERSEY TRANSIT CORP.,
`Petitioners,
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`V.
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`BYTEMARK, INC.,
`Patent Owner
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`________________________________
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`Case CBM2018-00018
`U.S. Patent No. 9,239,993
`________________________________
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`U.S. PATENT NO. 9,239,993
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`On January 15, 2018, Petitioner filed its petition in the above-captioned inter
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`partes review with accompanying fees set forth in 37 C.F.R. §42.15(a). Petitioner
`paid both the Inter Partes Review request fee ($12,000) and the Inter Partes
`Review Post-Institution fee of $18,000 for review of claims up to 15 and an
`additional $2,750 for review of each claim in excess of 15 (for a total of $20,750).
`See attached deposit account summary.
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`On July 12, 2018, the PTAB issued its decision denying institution of inter
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`pares review. A Request for Rehearing was filed, and recently denied.
`Accordingly, Petitioner requests the refunds of its Inter Partes Review Post-
`Institution fees of $20,750. Petitioner further authorizes the Office to credit
`Petitioner’s Deposit Account No.: 18-0013 with the full amount requested.
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`Petitioner is entitled to the requested refund because the post-institution fee
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`is specifically for use by the Office should it institute. The agency provided for
`return of this fee in its fee rulemaking. The fee is to be returned when the Office
`does not institute a review. Here, it did not. Therefore, a total amount of $20,750
`should be returned to the Petitioner and such is courteously requested.
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`Dated: December 11, 2018
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`Respectfully submitted,
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`By: /Douglas P. LaLone/
`Douglas P LaLone
`Fishman Stewart PLLC
`39533 Woodward Ave., Suite 140
`Bloomfield Hills, MI 48304
`Tel.: (248) 594-0650
`Fax: (248) 594-0610
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that the foregoing PETITIONER’S
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`REQUEST FOR REFUND OF POST-INSTITUTION FEES was served
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`electronically via email on December 11, 2018, in its entirety on the following:
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`Jennifer Meredith
`Meredith Keyhani PLLC
`125 Park Avenue, 25th Floor
`New York, NY 10017
`jmeredith@meredithkeyhani.com
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`Fishman Stewart PLLC
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`/Douglas P. LaLone/
`Douglas P LaLone
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