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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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`__________________
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`LUV N’ CARE, LTD.,
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`Petitioner,
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`V.
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`MICHAEL L. McGINLEY,
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`Patent Owner.
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`
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`Patent No. 8,636,178
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`Filing Date: October 22, 2008
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`Issue Date: January 28, 2014
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`Title: FLEXIBLE PANEL PITCHER
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`_____________________
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`PETITIONER’S REQUEST FOR REFUND OF FEES
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`Inter Partes Review No.: IPR2017-01216
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`Luv n’ care, Ltd. (“Petitioner”) hereby requests a refund of the $14,000 post-
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`institution fee that it previously paid. Petitioner filed a petition for inter partes
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`review of U.S. Patent No. 8,636,178 on March 30, 2017, and initiated payment of
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`$23,000 to the USPTO on that date though the actual charge to Petitioner’s deposit
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`account was not completed until April 11, 2017. The payment included a $9,000
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`payment for the inter partes review request fee and a $14,000 payment for the
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`post-institution fee, as required by 37 C.F.R. §42.15(a)(2). On September 18,
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`2017, the Board denied Petitioner’s petition for inter partes review. See Paper 13.
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`Based on the Board’s decision, Petitioner requests a refund in the amount of the
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`post-institution fees that it paid for post-institution services. See 78 FR 4212, 4233
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`(January
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`18,
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`2013),
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`available
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`at
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`https://www.uspto.gov/sites/default/files/aia_implementation/AC54_Final_Rule_S
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`etting78FR4212-2013JAN18.pdf (“The entire post-institution fee would be
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`returned to the petitioner if the Office does not institute a review.”); FAQ E7,
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`available at https://www.uspto.gov/patents-application-process/patent-trial-and-
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`appeal-board/ptab-e2e-frequently-asked-questions (“[T]he petitioner may file in
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`PTAB E2E a request for a refund of any post-institution fee paid.”). Accordingly,
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`Petitioner respectfully requests that the Board refund to Deposit Account number
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`505393 the $14,000 post-institution fee that Petitioner previously paid.
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`Respectfully submitted this 18th day of October 2017.
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` By: /s/Robert M. Chiaviello, Jr.
`
`Robert M. Chiaviello, Jr.
`Reg. No. 32,461
`NUBYLAW
`3030 Aurora Avenue
`Monroe, Louisiana 71201
`Tel: (318) 410-4012
`bobc@nuby.com
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e)(4) and 42.105, the undersigned certifies
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`
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`that a copy of the foregoing Motion was served via Federal Express on the Patent
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`Owner at the following addresses:
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`Dated this 18th day of October, 2017.
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`Mr. Michael Brian Sichter, Esq.
`Mr. Kip D. Richards, Esq.
`WALTERS, BENDER, STROHBEHN & VAUGHAN, PC
`1100 Main Street, Suite 2500
`Kansas City, Missouri 64105
`Telephone: (816) 421-6650
`Facsimile: (816) 421-4747
`
`Mr. John C. McMahon, Esq.
`LAW OFFICE OF JOHN C. MCMAHON
`11006 Parallel Parkway, Suite 200
`Kansas City, Kansas 66109
`Telephone: (913) 721-1511
`Facsimile: (913) 721-1501
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`POLSINELLI, P.C.
`900 West 48th Place, Suite 900
`Kansas City, Missouri 64112-1895
`Telephone: (816) 753-1000
`Facsimile: (816) 753-1536
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`Mr. Jan P. Christiansen, Esq.
`HUDSON, POTTS & BERNSTEIN
`1800 Hudson Lane, Suite 300
`Monroe, Louisiana 71201
`Telephone: (318) 388-4400
`Facsimile: (318) 322-4194
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` /s/Robert M. Chiaviello, Jr.
`Robert M. Chiaviello, Jr.
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`4
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`Reg. No. 32,461
`NUBYLAW
`3030 Aurora Avenue
`Monroe, Louisiana 71201
`Tel: (318) 410-4012
`bobc@nuby.com
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`5
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