`Filed By: Donald R. Steinberg, Reg. No. 37,241
`
`
`David L. Cavanaugh, Reg. No. 36,476
`Michael H. Smith, Reg. No. 71,190
`60 State Street
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Email: Don.Steinberg@wilmerhale.com
`
` David.Cavanaugh@wilmerhale.com
` MichaelH.Smith@wilmerhale.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`__________________________
`
`Case No. IPR2016-00575
`
`Patent No. 7,786,455
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION
`FEE
`
`
`
`
`
`
`
`
`
`IPR2016-00575
`0107945-00235US20
`
`
`
`
`ASML Netherlands B.V., Excelitas Technologies Corp., and Qioptiq
`
`Photonics GmbH & Co. KG (“Petitioners”) hereby file their request for a
`
`refund of the $14,000 post-institution fee that was previously paid.
`
`On Feb. 10, 2016, Petitioners filed a petition for inter partes review of
`
`U.S. Patent No. 7,786,455 and paid the USPTO a total of $23,000 at the
`
`time of filing this petition, which included a $14,000 payment for the post-
`
`institution fee required by 37 C.F.R. §42.15(a)(1)-(2). The filed inter partes
`
`review petition was granted a filing date on Feb. 25, 2016. (Paper 8.) On
`
`June 13, 2016, following the parties’ joint motion to terminate, the Board
`
`terminated the proceedings before institution. (Paper 10.) The Petitioners
`
`are entitled to request a refund of the post-institution fee that was previously
`
`paid and are entitled to this refund. See e.g., 78 Fed. Reg. 4233 (Jan. 18,
`
`2013) available at http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-
`
`00819.pdf (stating that “The entire post-institution fee would be returned to
`
`the petitioner if the Office does not institute a review.”); Patent Review
`
`Processing System (PRPS) FAQ at E7 available at
`
`http://www.uspto.gov/ip/boards/bpai/prps.jsp.
`
`For at least the reasons sets forth above, Petitioners respectfully request
`
`a refund of the post-institution fee of $14,000 that was previously paid by
`
`
`
`
`
`
`
`
`
`IPR2016-00575
`0107945-00235US20
`
`
`
`
`Petitioners.
`
`The refund may be deposited in Deposit Account No. 080219 under
`
`attorney reference number 0107945-00235US20.
`
`
`
`Respectfully submitted,
`
`
`
`/Donald R Steinberg/
`Donald R. Steinberg
`Reg. No. 37,241
`Counsel for Petitioners
`
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Fax: (617) 526-5000
`Email: Don.Steinberg@wilmerhale.com
`
`
`
`
`
`
`
`
`Date: June 24, 2016
`
`
`
`
`
`
`
`
`
`IPR2016-00575
`0107945-00235US20
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a copy of the foregoing Request for
`
`Refund of Post-Institution Fee for Inter Partes Review of U.S. Patent 7,786,455
`
`(IPR2016-00575) was served on June 24, 2016 via electronic mail at the
`
`following addresses:
`
`
`
`PTABMattersBoston@proskauer.com
`
`Patent Owner has consented to electronic service.
`
`
`
`Date: June 24, 2016
`
`Respectfully submitted,
`
`/Donald R Steinberg/
`Donald R. Steinberg
`Reg. No. 37,241
`Counsel for Petitioners
`
`
`
`
`
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Fax: (617) 526-5000
`Email: Don.Steinberg@wilmerhale.com