`U.S. Patent No. 6,834,282
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VOLUSION, INC.
`Petitioner
`
`v.
`
`VERSATA SOFTWARE, INC. AND
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
`
`Case CBM2013-00017
`U.S. Patent No. 6,834,282
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`PETITIONER’S REQUEST FOR REFUND
`OF POST-INSTITUTION FEES
`
`
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`Petitioner Volusion, Inc. (“Volusion”) requests a refund in the amount
`
`of $1,650.00 to be paid to account number 160605 pursuant to the U.S.
`
`Patent and Trademark Office’s Final Rule Setting and Adjusting Patent Fees,
`
`78 F.R. 4211, 4234-35 (Jan. 18, 2013).
`
`On April 23, 2013, Volusion filed a Petition for Post-Grant Review of
`
`a Covered Business Method Patent with the PTO that was assigned case
`
`number CBM2013-00017. In accordance with the fee schedule specified in
`
`37 C.F.R. § 42.15(b), Volusion deposited an electronic payment in the
`
`amount of $35,150 with the PTO at the time of filing its Petition to cover
`
`associated fees for claims 1-23. Volusion’s payment consisted of $12,750 in
`
`fees associated with Volusion’s Covered Business Method Patent Review
`
`request, and a further $22,400 in Post-Institution fees.
`
`On October 24, 2013, the Patent Trial and Appeal Board entered a
`
`Decision to only institute claims 1-20, not all 23 as requested. The Final
`
`Decision was issued in this proceeding on June 17, 2014. Accordingly,
`
`Volusion requests a refund in the amount of $1,650.00 for the post-
`
`institution fees that it has paid to the USPTO in connection with claims 21,
`
`22, and 23 in that proceeding.
`
`
`
`Respectfully submitted,
`
`Dated: August 8, 2014
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`s/ Keith E. Broyles
`Keith E. Broyles (Reg. No. 42,365)
`keith.broyles@alston.com
`Jason P. Cooper (Reg. No. 38,114)
`jason.cooper@alston.com
`David S. Frist (Reg. No. 60,511)
`david.frist@alston.com
`ALSTON & BIRD LLP
`One Atlantic Center
`1201 West Peachtree Street
`Atlanta, Georgia 30309-3424
`Tel.: (404) 881-7000
`Fax: (404) 881-7777
`
`Attorneys for
`Petitioner Volusion, Inc.
`
`2
`
`
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 CFR § 42.6(e), that
`
`service of PETITIONER’S REQUEST FOR REFUND OF POST-
`
`INSTITUTION FEES was made by email upon all counsel of record
`
`including the following counsel for the Patent Owner listed below:
`
`David W. O’Brien
`William B. Nash
`John Russell Emerson
`HAYNES AND BOONE, LLP
`2323 Victory Ave., Ste. 700
`Dallas, TX 75219
`Telephone: (512) 867-8457
`Fax: (214) 200-0853
`Email: david.obrien.ipr@haynesboone.com
`Email: bill.nash@haynesboone.com
`Email: russell.emerson.ipr@haynesboone.com
`
`Dated: August 8, 2014
`
`/Keith E. Broyles/
`Keith E. Broyles
`(Reg. No. 42,365)
`
`3
`
`
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