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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2017-01818
`Patent No. 9,641,645 B2
`
`PETITIONER'S REQUEST FOR REFUND OF
`POST-INSTITUTION FEE
`
`
`
`
`
`
`
`

`

`
`The inter partes review proceeding under Case No. IPR2017-01818 was
`
`Case IPR2017-01818, Patent No. 9,641,645
`Petitioner's Request for Refund
`
`terminated by a written order issued by the PTAB on November 2, 2017 in
`
`response to a joint motion to terminate proceedings filed by the parties due to a
`
`settlement agreement (Decision, Paper 8; Joint Motion, Paper 6). The termination
`
`was made during the preliminary stage of the inter partes review proceeding, and
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`was before the PTAB’s institution decision.
`
`In light of the above circumstances, Petitioner hereby requests a refund in
`
`the total amount of $22,400 for the inter partes post-institution fee previously paid
`
`by Petitioner in connection with this proceeding.
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`The determination of the above refund is based on the following. On July
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`20, 2017, Petitioner filed a petition for inter partes review of claims 1-36 of U.S.
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`Patent No. 9,641,645 B2 (IPR2017-01818, Paper 2), accompanied by a total
`
`payment of $34,600 in accordance with the fee schedule specified in 37 C.F.R. §
`
`42.15(a):
`
`Inter partes review request fee:
`
`Inter partes review request of each claim in excess of 20:
`
`Inter partes review post-institution fee:
`
`$9,000.00
`
`$3,200.00
`
`$14,000.00
`
`Inter partes post-institution request of each claim in excess of 15:
`
`$8,400.00
`
`Total fees paid:
`
`
`
`
`$34,600.00
`
`

`

`
`
`Case IPR2017-01818, Patent No. 9,641,645
`Petitioner's Request for Refund
`
`Under the Board’s current practice, Petitioner is entitled to a refund of the
`
`above listed inter partes post-institution fee in the total amount of $22,400.
`
`Accordingly, Petitioner respectfully requests that the Board grant this
`
`request for refund of the inter partes post-institution fee, and credit a refund in the
`
`amount of $22,400 to Petitioner's EFT account or Deposit Account No. 50-0665.
`
`Dated: December 14, 2017
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Chun M. Ng/
`Lead Counsel
`Chun M. Ng, Reg. No. 36,878
`
`Back-up Counsel
`Matthew C. Bernstein, Pro Hac Vice
`Patrick J. McKeever, Reg. No. 66,019
`Vinay P. Sathe, Reg. No. 55,595
`Evan S. Day, Reg. No. 75,992
`Miguel J. Bombach, Reg. No. 68,636
`
`Attorneys for Microsoft Corporation
`
`
`
`2
`
`

`

`
`
`Case IPR2017-01818, Patent No. 9,641,645
`Petitioner's Request for Refund
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a true copy of the foregoing
`
`PETITIONER'S REQUEST FOR REFUND OF POST-INSTITUTION FEES has
`
`been served in its entirety this 14th day of December, 2017 by electronic mail on
`
`the Patent Owner via its attorneys of record:
`
`ANDREWS KURTH KENYON LLP
`Chris Coulson - ccoulson@andrewskurthkenyon.com
`Clifford Ulrich - culrich@andrewskurthkenyon.com
`Bradiumiprservice@andrewskurthkenyon.com
`
`Respectfully submitted,
`
`/Chun M. Ng/
`Lead Counsel
`Chun M. Ng, Reg. No. 36,878
`
`Back-up Counsel
`Matthew C. Bernstein, Pro Hac Vice
`Patrick J. McKeever, Reg. No. 66,019
`Vinay P. Sathe, Reg. No. 55,595
`Evan S. Day, Reg. No. 75,992
`Miguel J. Bombach, Reg. No. 68,636
`
`Attorneys for Microsoft Corporation
`
`
`
`
`
`
`
`
`Dated: December 14, 2017
`
`
`
`
`
`
`
`

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