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Filed: September 6, 2017
`
`Filed on behalf of:
`Fisher & Paykel Healthcare Limited
`By: Brenton R. Babcock
`Benjamin J. Everton
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`Email: BoxFPH538-2@knobbe.com
`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`FISHER & PAYKEL HEALTHCARE LIMITED,
`Petitioner
`
`v.
`
`RESMED LIMITED,
`Patent Owner
`
`
`
`
`
`
`
`
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`
`
`Case No. IPR2017-00634
`U.S. Patent No. 8,944,061 B2
`
`
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`PETITIONER REQUEST FOR REFUND OF
`POST-INSTITUTION PETITION FEES
`
`
`
`

`

`IPR2017-00634
`Fisher & Paykel Healthcare v. ResMed
`
`
`
`Pursuant to the Final Rule Setting and Adjusting Patent Fees (78 Fed. Reg.
`
`4232–4234), Petitioner Fisher & Paykel Healthcare Limited respectfully requests a
`
`refund in the amount of $22,800.00 for post-institution filing fees paid in this
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`proceeding to be credited to Deposit Account 11-1410 (Customer No. 20,995).
`
`On January 9, 2017, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. 8,944,061 which was assigned case number IPR2017-00634. Among
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`the fees paid concurrently with filing the petition were $22,800 in post-institution
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`fees, comprising $14,000 for the base fee and $8,800 in excess claim fees, as
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`shown below:
`
`
`
`On July 25, 2017, the Patent Trial and Appeal Board entered a decision
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`denying institution of this inter partes review (Paper 8). Accordingly, Petitioner
`
`
`
`1
`
`

`

`IPR2017-00634
`Fisher & Paykel Healthcare v. ResMed
`
`
`requests a refund in the amount of $22,800.00 for the post-institution fees paid in
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`connection with this proceeding.
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`Dated: September 6, 2017 By: / Benjamin J. Everton /
`Brenton R. Babcock (Reg. No. 39,592)
`Benjamin J. Everton (Reg. No. 60,659)
`Customer No. 20,995
`Attorneys for Petitioner,
`FISHER & PAYKEL HEALTHCARE
`LIMITED
`(949) 760-0404
`
`2
`
`

`

`IPR2017-00634
`Fisher & Paykel Healthcare v. ResMed
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e)(1) and agreement of the
`
`parties, a true and correct copy of PETITIONER REQUEST FOR REFUND OF
`
`POST-INSTITUTION PETITION FEES
`
`is being served via email on
`
`September 6, 2017, to counsel for ResMed Limited at the email addresses below:
`
`
`Michael T. Hawkins
`Stephen R. Schaefer
`Michael J. Kane
`Christopher C. Hoff
`Andrew Dommer
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 612-337-2508
`IPR36784-0060IP3@fr.com
`PTABInbound@fr.com
`
`
`
`Dated: September 6, 2017
`
`
`
`
`
`26581527
`
`
`
`
`By: / Benjamin J. Everton /
`Brenton R. Babcock (Reg. No. 39,592)
`Benjamin J. Everton (Reg. No. 60,659)
`Attorneys for Petitioner,
`FISHER & PAYKEL HEALTHCARE
`LIMITED
`
`
`
`

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