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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________________
`
`IN THE UNITED STATES PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`BLUEHOUSE GLOBAL LTD.
`Petitioner
`
`v.
`
`
`SEMICONDUCTOR ENERGY LABORATORY CO., LTD.
`Patent Owner
`
`
`_____________________________
`
`
`CASE IPR: 2018-01377
`
`U.S. PATENT NO. 9,281,405 B2
`
`_____________________________
`
`PETITIONER’S REQUEST FOR REFUND
`OF POST-INSTITUTION FEES
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`

`

`IPR2018-01377
`U.S. PATENT NO. 9,281,405 B2
`
`Petitioner BlueHouse Global Ltd. hereby requests refund of its post-
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`
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`
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`institution fees in the amount of $15,000 deposited in the above matter on July 10,
`
`2018 for the following reasons:
`
`
`
`1.
`
`Petitioner filed its Petition for Inter Partes Review on July 10, 2018 in
`
`the above matter. At that time, Petitioner deposited with the PTAB the Inter
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`Partes Review request, post-institution and excess claim fees in the total amount of
`
`$30,500. The fees were charged to Taft Stettinius & Hollister LLP’s deposit
`
`account number 501438.
`
`
`
`2.
`
`On January 10, 2019, the PTAB terminated Inter Partes Review
`
`IPR2018-01377 by entering adverse judgment against Petitioner. The PTAB did
`
`not institute a trial in IPR2018-01377.
`
`
`
`3.
`
`Petitioner is entitled to the requested refund because the post-
`
`institution fee is only for use by the PTAB should the PTAB institute a trial. The
`
`U.S. Patent & Trademark Office expressly provided for return of this fee in its fee
`
`rulemaking. The fee is to be returned when the Office does not institute a review:
`
`“Th[e post-institution] 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.
`
`

`

`IPR2018-01377
`U.S. PATENT NO. 9,281,405 B2
`
`For the foregoing reasons, Petitioner requests refund of the post-institution
`
`
`
`
`
`fee of $15,000.
`
`Dated: January 15, 2019
`
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`Respectfully submitted,
`
`
`
` /Ryan O. White /
` Ryan O. White
` Reg. No. 45,541
` Lead Counsel for Petitioner
`
`

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