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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`APPLE, INC.,
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`Petitioner
`
`v.
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`RED.COM, LLC
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`Patent Owner
`
`_________________
`
`
`IPR2019-01065
`U.S. Patent No. 9,245,314
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`_______________
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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
`IPR2019-01065 / Patent No. 9,245,314
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`
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`Petitioner Apple, Inc. (“Petitioner”) hereby files its request for a refund of the
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`
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`$15,000.00 post-institution fee, the $9,000.00 excessive claim fee for fifteen (15)
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`claims in excess of fifteen (15) claims, and $3,000.00 excessive claim fee for ten
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`(10) claims in excess of twenty (20) claims all of which were previously paid and
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`total an amount of $27,000.00.
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`On May 6, 2019, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. 9,245,314 and paid the USPTO a total of $42,500.00, which included a
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`$15,500.00 payment for the inter partes review request fee, $9,000.00 excessive
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`claim fee for fifteen (15) claims in excess of fifteen (15) claims, $3,000.00 excessive
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`claim fee for ten (10) 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 May 6, 2019. (Paper No. 3). On
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`November 8, 2019 the Board entered a Decision – Denying Institution of Inter
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`Partes Review (Paper No. 17). Accordingly, the inter partes review was never
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`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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`1
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`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2019-01065 / Patent No. 9,245,314
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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 $27,000.00 post-institution fee
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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
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`52959.68US01.
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`Dated: May 12, 2020
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`Respectfully submitted,
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`/Michael S. Parsons/
`Michael S. Parsons
`Lead Counsel for Petitioner
`Registration No. 58,767
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`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Telephone: 972-739-8611
`Facsimile: 214/200-0853
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`2
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`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2019-01065 / Patent No. 9,245,314
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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 May 12, 2020
`Manner of service Electronic Mail to: 2jrr@knobbe.com
` 2dgm@knobbe.com
`BoxRedcom7C4LP@knobbe.com
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`Documents served PETITIONER’S REQUEST FOR REFUND OF POST-
`INSTITUTION FEES
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`Persons Served Joseph R. Re
`Douglas G. Muchlhauser
`Knobbe Martens Olson & Bear LLP
`2040 Main Street
`Fourteenth Floor
`Irvine, CA 92614
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`Respectfully submitted,
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`/Michael S. Parsons/
`Michael S. Parsons
`Lead Counsel for Petitioner
`Registration No. 58,767
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`3
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