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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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`PANASONIC AVIONICS CORP.,
`Petitioner
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`v.
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`LINKSMART WIRELESS TECHNOLOGY, LLC,
`Patent Owner
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`_________________
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`IPR2019-00043
`U.S. Patent No. RE46,459
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2019-00043 / Patent No. RE46,459
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`Petitioner Panasonic Avionics Corp. (“Petitioner”) hereby files its request for
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`a refund of the $15,000.00 post-institution fee and the $6,600.00 excessive claim fee
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`for eleven (11) claims in excess of fifteen (15) claims all of which were previously
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`paid and total an amount of $21,600.00.
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`On October 9, 2018, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. RE46,459 and paid the USPTO a total of $38,900.00, which included a
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`$15,500.00 payment for the inter partes review request fee, $6,600.00 excessive
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`claim fee for eleven (11) claims in excess of fifteen (15) claims, $1,800.00 excessive
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`claim fee for six (6) claims in excess of twenty (20) claims, and a $15,000.00
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`payment for the post-institution fee.
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`The petition was granted a filing date of October 9, 2018. (Paper No. 5). On
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`May 14, 2019 the Board entered a Decision – Denying Institution of Inter Partes
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`Review (Paper No. 7). On October 8, 2019, the Board entered a Decision Denying
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`Petitioner’s Request for Rehearing (Paper No. 9). Accordingly, the inter partes
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`review was never instituted.
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`Therefore, because the petition to institute inter partes review was filed after
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`March 19, 2013, and the proceeding did not institute, Petitioner is entitled to request
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`a refund of the post-institution fee that was previously paid. See, e.g., 78 FR 4233
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`(Jan. 18, 2013)
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`available
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`at http://www.gpo.gov/fdsys/pkg/FR-2013-01-
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`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2019-00043 / Patent No. RE46,459
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`18/pdf/2013-00819.pdf (“The entire post-institution fee would be returned to the
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`petitioner if the Office does not institute a review.”).
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`Petitioner hereby requests a refund of the $21,600.00 post-institution fees
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`previously paid by Petitioner. The refund may be deposited in Deposit Account No.
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`08-1394 of Haynes and Boone, LLP under attorney reference number 57281.00002.
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`Dated: November 4, 2019
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`Respectfully submitted,
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`/David L. McCombs/
`David L. McCombs
`Lead Counsel for Petitioner
`Registration No. 32,271
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`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Customer No. 27683
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`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2019-00043 / Patent No. RE46,459
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
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`correct copy of the foregoing “PETITIONER’S REQUEST FOR REFUND OF
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`POST-INSTITUTION FEES” was served on the Patent Owner as detailed below:
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`Date of service November 4, 2019
`Manner of service Electronic Mail to: rmirzaie@raklaw.com;
`jchung@raklaw.com
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`Documents served PETITIONER’S REQUEST FOR REFUND OF POST-
`INSTITUTION FEES
`Persons Served Reza Mirzaie
`C. Jay Chung
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Floor
`Los Angeles, CA 90025
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`Dated: November 4, 2019
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`Respectfully submitted,
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`/David L. McCombs/
`David L. McCombs
`Lead Counsel for Petitioner
`Registration No. 32,271
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