`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`Ericsson Inc.
`
`Petitioner
`
`v.
`
`Electronics and Telecommunications Research Institute
`
`Patent Owner
`
`
`Patent No. 8,270,354
`Filing Date: May 3, 2007
`Issue Date: September 18, 2012
`
`Title: METHOD FOR TRANSMITTING UP LINK CONTROL SIGNAL IN
`MOBILE COMMUNICATION SYSTEM
`
`Inter Partes Review No. IPR2019-00249
`
`
`
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`
`
`
`
`
`
`Petitioner ERICSSON INC., hereby requests a refund of $15,000, the post-
`
`institution fee that was previously paid by Petitioner. Petitioner filed a Petition for
`
`Inter Partes Review of claims 1, 3, 5, 7 of U.S. Patent No. 8,270,354 on December
`
`10, 2019, and paid the USPTO the $15,500 Inter Partes Review request fee, the
`
`$15,000 post-institution fee, required by 37 C.F.R. § 42.15(a) (2017).
`
`On March 9, 2020, the Board issued Decision to Terminate the proceeding
`
`pre-institution based on a settlement between the parties. Because review was not
`
`instituted, Petitioner is entitled to a refund of $15,000 for the post-institution fee. See
`
`78 FED. REG. 4212, 4234 (Jan. 18, 2013) (“[I]f the review is not instituted at all, the
`
`portion of the fee covering the trial would be returned.”).
`
`Petitioner therefore requests a refund of the $15,000 post-institution fee.
`
`The refund may be deposited in Winston & Strawn LLP Deposit Account No.
`
`50-1814.
`
`
`Dated: March 18, 2020
`
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`Telephone: 202-282-5000
`Fax: 202-282-5100
`Email:
`Winston-Ericsson-IPRs@winston.com
`
`
`Respectfully submitted,
`
`/s/ Pejman Sharifi
`Pejman Sharifi
`Reg. No. 45,097
`
`Lead Counsel for Petitioner
`
`
`
`2
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on March
`
`18, 2020, I caused to be served a true and correct copy of the foregoing “REQUEST
`
`FOR REFUND OF POST-INSTITUTION FEE” by filing this document through
`
`the PTAB’s E2E Filing System as well as delivering a copy via electronic mail upon
`
`the following:
`
`Alexander J. Hadjis - CPDocketHadjis@oblon.com
`W. Todd Baker - CPDocketBaker@oblon.com
`Robert Mattson - CPDocketMattson@oblon.com
`
`
`
`Dated: March 18, 2020
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Pejman Sharifi
`Pejman Sharifi
`Reg. No. 45,097
`
`Lead Counsel for Petitioner
`
`