`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`NITTO DENKO CORP.,
`
`Petitioner
`v.
`
`HUTCHINSON TECHNOLOGY INC.,
`
`Patent Owner
`
`Case No. IPR2018-01300
`U.S. Patent No. 8,169,746
`_________________________________________________________________
`
`PETITIONER’S REQUEST FOR
`REFUND OF POST-INSTITUTION FEES
`_________________________________________________________________
`
`
`
`Petitioner Nitto Denko Corp. (“Nitto”) filed its Petition for Inter Partes
`
`Review (“IPR”) in this case on July 31, 2018. The petition identified claims 7-9,
`
`11 and 15 of U.S. Patent No. 8,169,746 as the claims at issue. (See Paper 1.) On
`
`January 14, 2019, and prior to issuance of an institution decision, the Board
`
`granted a joint motion to terminate and dismiss the IPR petition in view of a
`
`settlement between Petitioner and Patent Owner Hutchinson Technology Inc. (See
`
`Paper 10.)
`
`Since Nitto’s petition addressed 5 claims, it was accompanied by a fee
`
`payment of $30,500 that can be broken down as follows:
`
`Fee
`
`IPR Request fee
`
`(37 CFR § 42.15(1))
`
`Amount
`
`$15,500
`
`Fee for claims in excess of 20 in
`
`$0
`
`petition (37 CFR § 42.15(3))
`
`IPR Post-Institution fee
`
`$15,000
`
`(37 CFR § 42.15(2))
`
`Fee for instituted claims in excess of 15
`
`$0
`
`(37 CFR § 42.15(4))
`
`TOTAL
`
`$30,500
`
`In view of the dismissal of the IPR petition prior to institution, Nitto
`
`-1-
`
`
`
`respectfully requests a refund of in the amount of $15,000. This amount includes
`
`the post-institution fee. Nitto requests that the refund be credited to the deposit
`
`account of Orrick, Herrington, & Sutcliffe LLP: 15-0665.
`
`Dated:
`
`1/28/2019
`
`Respectfully submitted,
`
`/ Alex V. Chachkes /
`Alex V. Chachkes, Reg. No. 41,663
`Orrick, Herrington & Sutcliffe LLP
`51 West 52nd Street
`New York, NY 10019-6142
`Main: (212) 506-5000
`Direct: (212) 506-3748
`Fax: (212) 506-5151
`Email: A34PTABDocket@orrick.com
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby confirms that the foregoing PETITIONER’S
`REQUEST FOR REFUND OF POST-INSTITUTION FEES was caused to be
`served on January 28, 2019 via electronic mail upon the following counsel of
`record for Patent Owner:
`
`Jennifer Hayes
`jenhayes@nixonpeabody.com
`Nixon Peabody LLP
`300 South Grand Avenue, Suite 4100
`Los Angeles, CA 90071-3151
`
`Dan Burnham
`dburnham@nixonpeabody.com
`Nixon Peabody LLP
`70 West Madison St.
`Chicago, IL 60602
`
`Ronald Lopez
`rflopez@nixonpeabody.com
`Nixon Peabody LLP
`One Embarcadero Center, Suite 1800
`San Francisco, CA 94111-3600
`
`Matthew Werber
`mwerber@nixonpeabody.com
`Nixon Peabody LLP
`70 West Madison St.
`Chicago, IL 60602
`
`/ Alex V. Chachkes /
`Alex V. Chachkes, Reg. No. 41,663
`
`
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