`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`____________
`
`INTERMIX MEDIA LLC
`Petitioner
`
`v.
`
`BALLY GAMING, INC.
`Patent Owner
`
`____________
`
`Case CBM2015-00154
`Patent 5,816,918
`____________
`
`Attorney Docket No. 024004-0000019
`____________
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
`FOR COVERED BUSINESS METHOD PATENT REVIEW
`
`
`4835-9777-6943.v1
`
`
`
`Petitioner Intermix Media LLC (“Petitioner”) requests a refund of post-
`
`institution fees, totaling $47,700, to be paid to deposit account number 03-3975.
`
`On June 29, 2015, Petitioner filed a Petition for Covered Business Method
`
`Patent Review Pursuant to 35 U.S.C. §321, AIA §18, and 37 C.F.R. §§42.300-
`
`42.304 (Paper 1), seeking Covered Business Method Patent Review of claims 1-34,
`
`38-39, and 45-77 of U.S. Patent No. 5,816,918. Pursuant to 37 C.F.R. § 42.15(b),
`
`Petitioner deposited $71,950 at the time of filing the Petition to cover associated
`
`fees: $24,250 for requesting review and a further $47,700 in post-institution fees.
`
`On January 10, 2016, the Board issued an order denying institution as to all
`
`challenged claims (Paper 10). On February 19, 2016, Petitioner filed a Request for
`
`Rehearing asking the Board to reconsider its decision (Paper 12). However, on
`
`March 22, 2016, Petitioner filed a motion withdrawing the Request for Rehearing
`
`(Paper 13), which the Board granted on March 23, 2016 (Paper 14), thus
`
`terminating the proceeding pre-institution.
`
`As Covered Business Method Patent Review was not instituted, Petitioner
`
`respectfully requests that the Board credit the post-institution fees, totaling
`
`$47,700, to Deposit Account Number 03-3975.
`
`
`
`4835-9777-6943.v1
`
`
`
`
`
`Date: March 23, 2016
`
`Direct: (213) 488-7307
`Main: (213) 488-7100
`Fax: (213) 226-4058
`
`Customer No. 909
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`Respectfully submitted,
`
`/ Evan Finkel /
`Evan Finkel
`Registration No. 49,059
`Attorney for Petitioner
`Pillsbury Winthrop Shaw Pittman LLP
`725 South Figueroa Street, Suite 2800
`Los Angeles, CA 90017
`
`4835-9777-6943.v1
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing “PETITIONER’S REQUEST FOR
`
`REFUND OF POST-INSTITUTION FEES FOR COVERED BUSINESS
`
`METHOD PATENT REVIEW” was served this 23rd day of March, 2016 via
`
`electronic mail in its entirety on the patent owner at:
`
`Barry Bretschneider
`BAKER & HOSTETLER LLP
`bbretschneider@bakerlaw.com
`
`
`John M. Mueller
`BAKER & HOSTETLER LLP
`CBM2015-00154@bakerlaw.com
`
`
`
`Date: March 23, 2016
`
`
`Direct: (213) 488-7307
`Main: (213) 488-7100
`Fax: (213) 226-4058
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`Respectfully submitted,
`
`/ Evan Finkel /
`Evan Finkel
`Registration No. 49,059
`Attorney for Petitioner
`Pillsbury Winthrop Shaw Pittman LLP
`725 South Figueroa Street, Suite 2800
`Los Angeles, CA 90017
`
`4835-9777-6943.v1
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