`Patent No. 5,949,880
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`BRANCH BANKING AND TRUST COMPANY
`Petitioner,
`v.
`MAXIM INTEGRATED PRODUCTS, INC.
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case CBM2013-00059
`Patent 5,949,880
`
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MITCHELL G. WEATHERLY, and
`MIRIAM L. QUINN,
`Administrative Patent Judges
`
`
`MOTION FOR REFUND OF POST-INSTITUTION FEES
`Branch Banking and Trust Company (“BB&T”) hereby requests a refund of the
`
`$18,000 post-institution fee that it previously paid. Petitioner BB&T filed a petition
`
`for covered business method review of U.S. Patent No. 5,949,880 on September 16,
`
`2013, and paid the USPTO $30,000 on that date, including a $12,000 payment for the
`
`covered business method review request fee and a $18,000 payment for the post-
`
`institution fee, as required by 37 C.F.R. §42.15(b). The Board denied institution of the
`
`covered business method review petition on March 20, 2014. (Paper No.12.) Based on
`
`this denial of institution, Petitioner BB&T is entitled to a refund of the post-
`
`institution fee. See e.g., 78 FR 4233 (January 18, 2013) available at
`
`
`
`Case CBM2013-00059
`Patent No. 5,949,880
`
`http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf (“if the review
`
`is not instituted at all, the portion of the fee covering the trial would be returned”).
`
`For at least the foregoing reasons, BB&T hereby requests a refund of the $18,000
`
`post-institution fee that it previously paid. The refund may be deposited in Deposit
`
`Account No. 18-1945 under Order No. 109879-0001.
`
`
`Dated: November 5, 2014
`
`
`
`
`Respectfully submitted,
`
`By /J. Steven Baughman/
`J. Steven Baughman, Lead Counsel
`Registration No. 47,414
`steven.baughman@ropesgray.com
`Leslie M. Spencer, Back-up Counsel
`Registration No. 47,105
`leslie.spender@ropesgray.com
`ROPES & GRAY LLP
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199-3600
`(202) 508-4606 (Telephone)
`(617) 235-9492 (Fax)
`Attorneys/Agents For Petitioner
`
`
`
`
`
`
`
`
`
`-2-
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`Case CBM2013-00059
`Patent No. 5,949,880
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`BRANCH BANKING AND TRUST COMPANY
`Petitioner,
`v.
`MAXIM INTEGRATED PRODUCTS, INC.
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`Case CBM2013-00059
`Patent 5,949,880
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MITCHELL G. WEATHERLY, and
`MIRIAM L. QUINN,
`Administrative Patent Judges
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing Motion for Refund of Post-Institution Fees
`
`in connection with Covered Business Method Review Case CBM2013-00059 was
`
`served on this 5th day of November, 2014, by United States Postal Service in an
`
`envelope addressed to:
`
`Kenneth Weatherwax
`Parham Hendifar
`GOLDBERG, LOWENSTEIN & WEATHERWAX LLP
`11400 West Olympic Boulevard, Suite 400
`Los Angeles, CA 90064
`
`
`
`Dated: November 5, 2014
`
`
`
`By / Megan Raymond/
` Megan F. Raymond
`
`-3-
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
