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DOCKET NO.: 0107945-00246US25
`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., ASML U.S., INC., EXCELITAS TECHNOLOGIES
`CORP., AND QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner. 
`__________________________
`
`Case No. IPR2016-00689
`
`Patent No. 8,969,841
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION
`FEE
`
`
`
`
`
`

`
`
`
`IPR2016-00689
`0107945-00246US25
`
`
`
`
`ASML Netherlands B.V., ASML U.S., Inc., 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 April 1, 2016, Petitioners filed a petition for inter partes review of
`
`U.S. Patent No. 8,969,841 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 April 18, 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
`
` 
`
` 
`
`

`
`
`
`IPR2016-00689
`0107945-00246US25
`
`
`a refund of the post-institution fee of $14,000 that was previously paid by
`
` 
`
`Petitioners.
`
`The refund may be deposited in Deposit Account No. 080219 under
`
`attorney reference number 0107945-00246US25.
`
`
`
`Respectfully submitted,
`
`
`
`/Donald R Steinberg/
`Donald R. Steinberg
`Reg. No. 37,241
`Counsel for Petitioners
`
`Date: June 24, 2016
`
`
`
`
`
`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
`
`
`
`
`
`
` 
`
`

`
`
`
`IPR2016-00689
`0107945-00246US25
`
`
`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 8,969,841
`
`(IPR2016-00689) 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

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