`Patent No. 8,336,772
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
`v.
`SMARTFLASH LLC,
`Patent Owner.
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`Case CBM2014-00110
`U.S. Patent No. 8,336,772
`
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`
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, NEIL T. POWELL,
`JEREMY M. PLENZLER, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`
`MOTION FOR REFUND OF POST-INSTITUTION FEES
`Apple Inc. hereby requests a refund of the $18,000 post-institution fee that it
`previously paid. Petitioner Apple filed a petition for covered business method review
`of U.S. Patent No. 8,336,772 on April 3, 2014, 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
`September 30, 2014. (Paper No. 7.) Based on this denial of institution, Petitioner
`Apple Inc. is entitled to a refund of the post-institution fee. See e.g., 78 FR 4233
`(January 18, 2013) available at 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, Apple
`hereby requests a refund of the $18,000 post-institution fee that it previously paid.
`
`
`
`Case CBM2014-00110
`Patent No. 8,336,772
`The refund may be deposited in Deposit Account No. 061075 under Order No.
`104677-5008.
`Dated: October 15, 2014
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`Respectfully submitted,
`
`By /J. Steven Baughman/
`J. Steven Baughman, Lead Counsel
`Registration No. 47,414
`steven.baughman@ropesgray.com
`Ching-Lee Fukuda, Back-up Counsel
`Registration No. 44,334
`ching-lee.fukuda@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
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`-2-
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`
`Case CBM2014-00110
`Patent No. 8,336,772
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`v.
`SMARTFLASH LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case CBM2014-00110
`U.S. Patent No. 8,336,772
`
`
`
`
`
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, NEIL T. POWELL,
`JEREMY M. PLENZLER, and MATTHEW R. CLEMENTS,
`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 CBM2014-00110 was
`
`served on this 15th day of October, 2014, by electronic mail, pursuant to the parties’
`
`agreement concerning electronic service, upon Davidson Berquist Jackson &
`
`Gowdey, LLP, counsel for Patent Owner, at mcasey@dbjg.com, jsd@dbjg.com, and
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`docket@dbjg.com.
`
`Dated: October 15, 2014
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`
`
`By / Megan F. Raymond/
` Megan F. Raymond
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`-3-
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