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Case CBM2013-00057
`United States Patent No. 8,036,988
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`––––––––––
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`––––––––––
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`MASTERCARD INTERNATIONAL INCORPORATED
`Petitioner
`
`v.
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`JOHN D’AGOSTINO
`Patent Owner
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`––––––––––––––––––––
`
`Case CBM2013-00057
`United States Patent No. 8,036,988
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`––––––––––––––––––––
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE FOR
`COVERED BUSINESS METHOD PATENT REVIEW OF U.S. PATENT NO. 8,036,988
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`Case CBM2013-00057
`United States Patent No. 8,036,988
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`On September 17, 2013, MasterCard International Incorporated (“Petitioner”) filed a
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`Petition for Covered Business Method Patent Review of U.S. Patent No. 8,036,988 (“the ’988
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`Patent”) under § 18 of the Leahy-Smith America Invents Act (“AIA”) and 37 C.F.R. § 42.300 et
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`seq. (Paper 1), seeking covered business method patent review of claims 1-38 of the ’988 Patent.
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`On March 7, 2014, the Board issued a Decision Denying Institution of Covered Business Method
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`Patent Review (Paper 9). In its Decision, the Board denied the Corrected Petition in all respects
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`and ordered that “pursuant to 35 U.S.C. § 324(a) and § 18(a) of the AIA, a covered business
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`method patent review is hereby DENIED as to claims 1-38 of the ’988 patent.” Id. at 17.
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`Petitioner hereby requests refund of $30,650 for the Post-Institution Fee under 37 C.F.R. §
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`42.15(b)(2) submitted with the Petition.
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`Payment of the $30,650 Post-Institution Fee was processed through PRPS on September 17,
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`2013. Upon review and approval of this request, Petitioner respectfully requests that the Board
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`credit the Post-Institution fee to Deposit Account No. 02-4377, Ref. No.: 070457.2793.
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`February 11, 2015
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`Eliot Williams
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`Back-up Counsel
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`Reg. No. 50,822
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`1001 Page Mill Road
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`Building One, Suite 200
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`Palo Alto, CA 94304
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`Phone: (650) 739-7511
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`Facsimile: (650) 739-7611
`eliot.williams@bakerbotts.com
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`Respectfully submitted,
`BAKER BOTTS LLP
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`/s/ Robert Scheinfeld .
`Robert Scheinfeld
`Lead Counsel
`Reg. No. 31,300
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Phone: (212) 408-2512
`Facsimile: (212) 408-2501
`robert.scheinfeld@bakerbotts.com
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`ATTORNEYS FOR PETITIONER
`ATTORNEYS FOR PETITIONER
`MASTERCARD INTERNATIONAL
`MASTERCARD INTERNATIONAL
`INCORPORATED
`INCORPORATED
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`3
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`CERTIFICATE OF SERVICE ON PATENT OWNER
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`The undersigned certifies that on the 11th day of February, 2015, a complete and entire copy of
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`the foregoing were served via electronic mail to counsel for the Patent Owner at the following
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`email addresses:
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`
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`John D’Agostino
`5168 Northridge Road, #309
`Sarasota, Florida 34238
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`Eliot Williams
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`Back-up Counsel
`
`
`Reg. No. 50,822
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`1001 Page Mill Road
`
`Building One, Suite 200
`
`Palo Alto, CA 94304
`
`Phone: (650) 739-7511
`
`Facsimile: (650) 739-7611
`eliot.williams@bakerbotts.com
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`Stephen James Lewellyn
`Maxey Law Offices, PLLC
`15500 Roosevelt Blvd.
`Suite 305
`Clearwater, Florida 33760
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`Respectfully submitted,
`BAKER BOTTS L.L.P.
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`/s/ Robert Scheinfeld .
`Robert Scheinfeld
`Lead Counsel
`Reg. No. 31,300
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Phone: (212) 408-2512
`Facsimile: (212) 408-2501
`robert.scheinfeld@bakerbotts.com
`
`ATTORNEYS FOR PETITIONER
`MASTERCARD INTERNATIONAL
`INCORPORATED
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`4
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