`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`GRIDCO, INC.
`Petitioner
`
`v.
`
`VARENTEC, INC.
`Patent Owner
`
`_____________
`
`Case IPR2017-01134
`Patent 9,293,922
`_____________
`
`PETITIONER’S REQUEST FOR
`REFUND OF POST-INSTITUTION FEE
`
`
`
`
`
`
`
`On March 28, 2017, Petitioner filed its petition in the above-captioned inter
`
`partes review with accompanying fees set forth in 37 C.F.R. § 42.15(a). Petitioner
`
`paid both the Inter Partes Review request fee ($9,000) and the Inter Partes Review
`
`Post-Institution fee ($14,000).
`
`On October 2, 2017, the PTAB issued it decision denying institution of inter
`
`partes review.
`
`Petitioner requests the refund of its Inter Partes Review Post-Institution fee
`
`($14,000). Petitioner further authorizes the Office to credit Petitioner’s Deposit
`
`Account No. 23-0804 with the full amount requested.
`
`Petitioner is entitled to the requested refund because the post-institution fee
`
`is specifically for use by the Office should it institute. The agency provided for
`
`return of this fee in its fee rulemaking. The fee is returned when the Office does
`
`not institute a review:
`
`The USPTO also sets the inter partes review post-institution fee
`at $14,000 for a review of up to 15 claims. This fee would be
`returned to the petitioner if the Office does not institute a
`review.
`
`78 Fed. Reg. 4212, 4233 (Jan. 18, 2013); see also Frequently Asked Questions, E7,
`
`PTABE2E, July 11, 2016.
`
`
`
`Respectfully submitted,
`
`
`By:
`
`/William G. Jenks/
`William G. Jenks
`
`
`
`
`
`By:
`
`Reg. No. 48,818
`Jenks IP Law
`1050 17th ST NW, Suite 800
`Washington, D.C. 20036
`Phone: (202) 412-7964
`wjenks@jenksiplaw.com
`
`/Victor B. Lebovici /
`Victor B. Lebovici
`Reg. No. 30,864
`PretiFlaherty
`60 State Street, Suite 1100
`Boston, MA 02109
`Phone: 617 226-3800
`VLebovici@preti.co
`Counsel for Petitioner
`
`
`
`
`October 2, 2017
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 2nd day of October 2017, the foregoing
`
`PETITIONER’S REQUEST FOR REFUND OF POST INSTITUTION FEE
`
`was served electronically via email on the following lead and back-up counsel for
`
`Patent Owner:
`
`David E. Heisey
`dheisey@sheppardmullin.com
`Jesse A. Salen
`jsalen@sheppardmullin.com
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`12275 El Camino Real
`Suite 200
`San Diego, CA 92130
`
`
`By:
`
`/William Jenks/
`William G. Jenks
`Reg. No. 48,818
`Phone: (202) 412-7964
`wjenks@jenksiplaw.com
`
`
`
`
`
`
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