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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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`HTC CORPORATION AND HTC AMERICA, INC.,
`Petitioner,
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`v.
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`U.S. PHILIPS CORPORATION,
`Patent Owner.
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`Case No. IPR2017-00856
`Patent No. 5,910,797
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`PETITIONER'S REQUEST FOR REFUND OF
`POST-INSTITUTION FEE
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`The petition for inter partes review of U.S. Patent No. 5,910,797 (Case No.
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`Case IPR2017-00856, Patent No. 5,910,797
`Petitioner's Request for Refund
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`IPR2017-00856) was denied institution by a decision issued by the PTAB on
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`August 18, 2017 (Paper No. 7). Petitioner's Request for Rehearing was also denied
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`in a decision issued by the PTAB on October 19, 2017 (Paper 9). If a petition is
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`denied, any post-institution fees paid by Petitioner may be refunded.
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`In light of the above circumstances, Petitioner hereby requests a refund in
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`the total amount of $14,000 for the inter partes post-institution fee previously paid
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`by Petitioner in connection with this proceeding.
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`The determination of the above refund is based on the following. On
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`February 10, 2017, Petitioner filed a petition for inter partes review of claims 1, 4,
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`6-9, and 11 of U.S. Patent No. 5,910,797 (IPR2017-00856, Paper 2), accompanied
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`by a total payment of $23,000 in accordance with the fee schedule specified in 37
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`C.F.R. § 42.15(a):
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`Inter partes review request fee:
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`Inter partes review request of each claim in excess of 20:
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`Inter partes review post-institution fee:
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`$9,000.00
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`$0.00
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`$14,000.00
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`Inter partes post-institution request of each claim in excess of 15:
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`$0.00
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`Total fees paid:
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`$23,000.00
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`
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`1
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`
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`Case IPR2017-00856, Patent No. 5,910,797
`Petitioner's Request for Refund
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`Under the Board’s current practice, Petitioner is entitled to a refund of the
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`above listed inter partes post-institution fee in the total amount of $14,000.
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`Accordingly, Petitioner respectfully requests that the Board grant this
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`request for refund of the inter partes post-institution fee, and credit a refund in the
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`amount of $14,000 to Petitioner's EFT account or Deposit Account No. 50-0665.
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`Dated: December 18, 2017
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`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`Respectfully submitted,
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` /Kevin Patariu/
`Lead Counsel
`Bing Ai, Reg. No. 43,312
`
`Back-Up Counsel
`Kevin Patariu, Reg. No. 63,210
`John Schnurer, Reg. No. 52,196
`
`Attorneys for Petitioners
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`
`2
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`
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`Case IPR2017-00856, Patent No. 5,910,797
`Petitioner's Request for Refund
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that a true copy of the foregoing
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`PETITIONER'S REQUEST FOR REFUND OF POST-INSTITUTION FEES has
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`been served in its entirety this 18th day of December, 2017 by electronic mail on
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`the Patent Owner via its attorneys of record:
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`FITZPATRICK, CELLA, HARPER & SCINTO
`Justin J. Oliver (Reg. No. 44,986)
`Daniel S. Glueck (Reg. No. 37,838)
`PhilipsIPR@fchs.com
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`
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`Dated: December 18, 2017
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`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`Respectfully submitted,
`
` /Kevin Patariu/
`Lead Counsel
`Bing Ai, Reg. No. 43,312
`
`Back-Up Counsel
`Kevin Patariu, Reg. No. 63,210
`John Schnurer, Reg. No. 52,196
`
`Attorneys for Petitioners
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