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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`CONTROLS SOUTHEAST, INC.
`
`Petitioner,
`
`v.
`
`QMAX INDUSTRIES, LLC
`
`Patent Owner.
`
`
`
`U.S. Patent No. 8,469,082
`
`HEAT TRANSFER BETWEEN TRACER AND PIPE
`
`
`
`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
`
`
`
`
`
`
`
`
`
`

`

`
`
`
`
`On February 22, 2017, Controls Southeast, Inc. (“Petitioner”) filed a Petition
`
`for inter partes review of 14 claims of U.S. Patent No. 8,469,082 (“the ’082
`
`Patent”), claims 1-9, 11, 12, and 18-20. On August 24, 2017, following Patent
`
`Owner’s disclaimer of all challenged claims of the ’082 Patent, the Patent Trial and
`
`Appeal Board issued a Decision Denying Institution of Inter Partes Review (Paper
`
`No. 9).
`
`
`
`Petitioner requests a refund of the post-institution fee because the Board did
`
`not institute trial. See 78 Federal Register 13 at 4233 (January 18, 2013) (“The
`
`entire post-institution fee would be returned to the petitioner if the Office does not
`
`institute a review.”).
`
`
`
`Payment of the post-institute fee was processed through PRPS on
`
`February 22, 2017, and charged to an American Express account. The amount was
`
`$14,000 for 14 claims, pursuant to 37 CFR §42.15 (“(a) On filing a petition for
`
`inter partes review of a patent, payment of the following fees are due: … (2) Inter
`
`Partes Review Post-Institution fee: $14,000.00…).
`
`
`
`
`
`Petition hereby requests a refund of the post-institution fee of $14,000.00.
`
`Upon review and approval of this request, Petitioner respectfully requests
`
`that the Board credit the post-institution fee to the American Express account, the
`
`details of which will be forwarded via email to trials@uspto.gov.
`
`
`
`
`
`
`
`2
`
`

`

`
`
`Dated: September 1, 2017
`
`Respectfully submitted,
`
`/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
`
`
`
`
`3
`
`

`

`
`Dated: September 1, 2017
`
`
`Respectfully submitted,
`
`
`/s/ Christopher H. Blaszkowski
`Christopher H. Blaszkowski, Reg. No. 61,461
`
`CERTIFICATE OF SERVICE
`
`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:
`
`
`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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