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Paper No. 11
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`SK HYNIX INC., SK HYNIX AMERICA INC., and SK HYNIX MEMORY
`SOLUTIONS INC.,
`Petitioners,
`
`v.
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`NETLIST, INC.,
`Patent Owner.
`___________________
`
`Case No. IPR2017-00730
`U.S. Patent No. 9,128,632
`____________________
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES FOR
`INTER PARTES REVIEW
`
`
`

`

`
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`On January 20, 2017, SK hynix Inc., SK hynix America Inc., and SK hynix
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`memory solutions Inc. (“Petitioners”) filed a Petition for Inter Partes Review of
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`U.S. Patent No. 9,128,632 under 35 U.S.C. § 103, and 37 C.F.R. § 42.100 et seq.
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`(“Petition,” Paper No. 1), seeking review of claims 1-5, 12-14, and 19-20 of the
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`’632 patent. On July 21, 2017, the Patent Trial and Appeal Board issued a
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`Decision denying Inter Partes Review (Paper No. 8). On August 21, 2017,
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`Petitioners filed a Request for Rehearing of Institution Decision (Paper No. 9). On
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`October 30, 2017, the Patent Trial and Appeal Board issued a Decision on Request
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`for Rehearing denying the request (Paper No. 10). Petitioners hereby request a
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`refund of $14,000 for the Post-Institution Fee under 37 C.F.R. § 42.15(a)(2)
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`submitted with the filing of the Petition. See, e.g., 78 Fed. Reg. 4233, 4234-35
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`(Jan. 18, 2013).
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`
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`Payment of $14,000 in Post-Institution Fees was processed through PRPS on
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`January 20, 2017, and charged to the undersigned’s Deposit Account No. 50-1597.
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`Upon review and approval of this request, Petitioners respectfully request that the
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`Board credit $14,000 to our Deposit Account No. 50-1597 under Order No. 65725-
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`80050.
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`Date: May 11, 2018
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`Respectfully submitted,
`
`/Joseph A. Micallef/
`Joseph A. Micallef (Reg. No. 37,772)
`Sidley Austin LLP
`1501 K Street, NW
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`

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`Washington, D.C. 20005
`jmicallef@sidley.com
`(202) 736-8492
`Lead Counsel for Petitioners
`
`3
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`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 11th day of May, 2018, a copy of this Request
`
`
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`for Refund of Post-Institution Fees for Inter Partes Review, has been served in its
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`entirety by e-mail on the following counsel of record for patent owner:
`
`Mehran Arjomand
`Erol Basol
`Jonathan Statman
`Morrison & Foerster LLP
`707 Wilshire Blvd., Suite 6000
`Los Angeles, CA 90017-3543
`63516-SKHynix-IPR@mofo.com
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`Respectfully submitted,
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`/Joseph A. Micallef/
`Joseph A. Micallef (Reg. No. 37,772)
`Sidley Austin LLP
`1501 K Street, NW
`Washington, D.C. 20005
`jmicallef@sidley.com
`(202) 736-8492
`Lead Counsel for Petitioners
`
`

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