`U.S. Patent No. 8,887,308
`Petitioner’s Request for Refund of Post-Institution Fee
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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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`AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.,
`Petitioner,
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`v.
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`WILLIAM GRECIA,
`Patent Owner.
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`Case IPR2017-00797
`Patent No. 8,887,308
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
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`IPR2017-00797
`U.S. Patent No. 8,887,308
`Petitioner’s Request for Refund of Post-Institution Fee
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`Petitioner American Express Travel Related Services Company, Inc.
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`(“American Express”) hereby files its request for a refund of the $14,000 post-
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`institution fee that was previously paid by Petitioner in association with the above-
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`referenced proceeding.
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`On January 28, 2017, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. 8,887,308 and paid the USPTO a total of $23,000, which included $9,000
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`for the request fee and $14,000 for the post-institution fee.
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`On April 26, 2017, in response to the Joint Motion to Terminate Proceeding
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`Pursuant to 35 U.S.C. § 317, the Board entered a Decision of Termination of
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`Proceeding prior to institution (Paper No. 8), in which the Board terminated the
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`proceeding. As a result, the inter partes review was never instituted.
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`Therefore, because trial was not instituted, Petitioner is entitled to request a
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`refund of the post-institution fee that was previously paid. See, e.g., U.S. Patent &
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`Trademark Office, 78 Fed. Reg. 13, 4234 (Jan. 18, 2013) (37 C.F.R. Pt. 1, 41 and
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`42) available at http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf
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`(“The Office also chooses to return fees for post-institution services if a review is
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`not instituted.”).
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`IPR2017-00797
`U.S. Patent No. 8,887,308
`Petitioner’s Request for Refund of Post-Institution Fee
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`Petitioner American Express respectfully requests that the refund of the
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`$14,000 post-institution fee previously paid by Petitioner be deposited in Deposit
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`Account No. 503672 of White & Case LLP.
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`Respectfully submitted,
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`David M. Tennant/
`David M. Tennant, Reg. No. 48,362
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`WHITE & CASE, LLP
`701 13th St. NW, #600
`Washington, DC 20005
`(202) 626-3684
`(202) 639-9355 (fax)
`dtennant@whitecase.com
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`Counsel for Petitioner American Express
`Travel Related Services Company, Inc.
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`Date: July 21, 2017
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`IPR2017-00797
`U.S. Patent No. 8,887,308
`Petitioner’s Request for Refund of Post-Institution Fee
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6 and 42.300, I hereby certify that on this July 21,
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`2017, a copy of the foregoing Petitioner’s Request for Refund of Post-Institution Fee
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`was delivered via electronic mail to the attorney of record for the Patent Owner at
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`the following address:
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`Isaac Rabicoff
`Rabicoff Law LLC
`isaac@rabilaw.com
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`The Patent Owner has agreed to electronic service in this proceeding.
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`Respectfully submitted,
`/David M. Tennant/
`David M. Tennant
`White & Case LLP
`Attorney for Petitioners American Express
`Travel Related Services
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`Date: July 21, 2017
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