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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`CONTROLS SOUTHEAST, INC.
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`Petitioner,
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`v.
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`QMAX INDUSTRIES, LLC
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`Patent Owner.
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`U.S. Patent No. 8,469,082
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`HEAT TRANSFER BETWEEN TRACER AND PIPE
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`PETITIONER’S REQUEST FOR REFUND OF PETITION FEES
`PURSUANT TO 37 C.F.R. §1.26(c) FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,469,082
`Case No. IPR 2017-00976
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`On February 22, 2017, Controls Southeast, Inc. (“Petitioner”) filed a Petition
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`for inter partes review of 14 claims of U.S. Patent No. 8,469,082 (“the ’082
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`Patent”), claims 1-9, 11, 12, and 18-20. On August 24, 2017, following Patent
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`Owner’s disclaimer of all challenged claims of the ’082 Patent, the Patent Trial and
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`Appeal Board issued a Decision Denying Institution of Inter Partes Review (Paper
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`No. 9).
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`Petitioner requests a refund of the post-institution fee because the Board did
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`not institute trial. See 78 Federal Register 13 at 4233 (January 18, 2013) (“The
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`entire post-institution fee would be returned to the petitioner if the Office does not
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`institute a review.”).
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`Payment of the post-institute fee was processed through PRPS on
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`February 22, 2017, and charged to an American Express account. The amount was
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`$14,000 for 14 claims, pursuant to 37 CFR §42.15 (“(a) On filing a petition for
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`inter partes review of a patent, payment of the following fees are due: … (2) Inter
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`Partes Review Post-Institution fee: $14,000.00…).
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`Petition hereby requests a refund of the post-institution fee of $14,000.00.
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`Upon review and approval of this request, Petitioner respectfully requests
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`that the Board credit the post-institution fee to the American Express account, the
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`details of which will be forwarded via email to trials@uspto.gov.
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`2
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`Dated: September 1, 2017
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`Respectfully submitted,
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`/s/ Benjamin E. Leace
`Benjamin E. Leace, Reg. No. 33,412
`Christopher H. Blaszkowski, Reg. No. 61,461
`Andrew J. Koopman, Reg. No. 65,537
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`Dated: September 1, 2017
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`Respectfully submitted,
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`/s/ Christopher H. Blaszkowski
`Christopher H. Blaszkowski, Reg. No. 61,461
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 1st day of September, 2017, a copy of the foregoing
`Request for Refund of Fees was served by email upon the following:
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`Chad D. Tillman
`Jeremy Doerre
`Tillman Wright, PLLC
`11325 N. Community House Rd.
`Suite 250
`Charlotte, NC 28277
`uspto@tillmanwright.com
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