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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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`SAMSUNG ELECTRONICS CO., LTD., AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`Petitioner,
`v.
`INVENSAS CORPORATION,
`Patent Owner.
`_______________________
`Case IPR2018-01265
`U.S. Patent No. 6,054,336
`_______________________
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`Before MICHAEL R. ZECHER, LYNNE E. PETTIGREW, and JOHN D.
`HAMANN, Administrative Patent Judges.
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`PETITIONER’S REQUEST FOR REFUND OF FEES
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`IPR2018-01265
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`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
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`(“Petitioner”) hereby requests a refund of the $15,000 post-institution fees that it
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`previously paid. Petitioner filed a petition for inter partes review of U.S. Patent
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`No. 6,054,336 on June 15, 2018, and paid the USPTO $30,500 on that date,
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`including a $15,500 payment for the inter partes review request fee and a $15,000
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`payment for the post-institution fee as required by 37 CFR § 42.15(a)(2). On
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`January 4, 2019, the Board terminated this proceeding, as requested in the parties’
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`Joint Motion to Terminate Proceeding filed December 13, 2018 (Paper 8), noting
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`that no decision on whether to institute a trial was made. See Paper 10.
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`Based on the termination of this proceeding before institution, Petitioner
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`requests a refund in the amount of the post-institution fees that it paid for post-
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`institution services. See 78 FR 4212, 4233 (January 18, 2013) (“This fee would be
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`returned to the petitioner if the Office does not institute a review.”); see also
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`Frequently Asked Questions, E7, PTABE2E (“[T]he petitioner may file in PTAB
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`E2E a request for a refund of any post-institution fee paid.”).
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`Accordingly, Petitioner hereby requests a refund of the $15,000 post-
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`institution fee that it previously paid. The refund may be deposited in Deposit
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`Account No. 50-2862.
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`1
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`Dated: January 9, 2019
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`IPR2018-01265
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`Respectfully submitted,
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`By: /s/ Brian Berliner
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`Brian Berliner (Reg. No. 34,549)
`bberliner@omm.com
`Ryan Yagura (Reg. No. 47,191)
`ryagura@omm.com
`Nicholas Whilt (Reg. No. 72,081)
`nwhilt@omm.com
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: 213-430-6000
`Fax: 213-430-6407
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`John Kappos (Reg. No. 37,861)
`jkappos@omm.com
`O’Melveny & Myers LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`Telephone: 949-823-6900
`Fax: 949-823-6994
`Counsel for Petitioner
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`2
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`IPR2018-01265
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 9th day of January
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`2019, a copy of Petitioner’s Request for Refund of Fees was served by
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`electronic mail on Patent Owner’s lead and backup counsel at the following email
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`addresses:
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`Robert Steinberg
`Latham & Watkins LLP
`355 South Grand Avenue, Ste. 100
`Los Angeles, CA 90071-1560
`Tel.: (213) 485-1234
`bob.steinberg@lw.com
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`Jonathan M. Strang
`Latham & Watkins LLP
`555 Eleventh St., N.W., Ste. 1000
`Washington, DC 20004-1304
`Tel.: (202) 637-2200
`jonathan.strang@lw.com
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`/s/ Brian Berliner
`Brian Berliner (Reg. No. 34,549)
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`3
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`Matthew J. Moore
`Latham & Watkins LLP
`555 Eleventh St., N.W., Ste. 1000
`Washington, DC 20004-1304
`Tel.: (202) 637-2200
`matthew.moore@lw.com
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`January 9, 2019
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