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UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`
`
`Apple Inc.,
`Petitioner
`
`v.
`
`OpenTV, Inc.,
`Patent Owner.
`
`_______________________
`
`Case No. CBM2016-00066
`Patent No. 7,055,169
`_______________________
`
`
`
`
`
`Before JAMESON LEE, SALLY C. MEDLEY, and
`MICHAEL R. ZECHER, Administrative Patent Judges.
`
`PETITIONER’S REQUEST FOR REFUND OF FEES
`
`

`
`CBM2016-00066
`U.S. Patent No. 7,055,169
`Apple Inc. (“Petitioner”) hereby requests a refund of the $18,000 post-
`
`institution fee that it previously paid. Petitioner filed a petition for covered
`
`business method review of U.S. Patent No. 7,055,169 on May 2, 2016, 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 CFR § 42.15(b)(2). On August 25, 2016, the Board
`
`terminated this proceeding, as requested in the parties’ Joint Motion to Terminate
`
`Proceeding filed August 4, 2016 (Paper 7), noting that no decision on whether to
`
`institute a trial was made. See Paper 15.
`
`Based on the termination of this proceeding before institution, Petitioner
`
`requests a refund in the amount of the post-institution fees that it paid for post-
`
`institution services. See 78 FR 4212, 4234-35 (January 18, 2013), available at
`
`http://www.uspto.gov/sites/default/files/aia_implementation/AC54_Final_Rule_Se
`
`tting78FR4212-2013JAN18.pdf (“The entire fee would be returned to the
`
`petitioner if the Office does not institute a review.”); FAQ E7, available at
`
`http://www.uspto.gov/patents-application-process/appealing-patent-
`
`decisions/trials/patent-review-processing-system-prps-0 (“[T]he petitioner may file
`
`in PRPS a request for a refund of any post-institution fee paid.”).
`
`1
`
`

`
`CBM2016-00066
`U.S. Patent No. 7,055,169
`Accordingly, Petitioner hereby requests a refund of the $18,000 post-
`
`institution fee that it previously paid. The refund may be deposited in Deposit
`
`Account No. 50-0639.
`
`Dated: October 26, 2016
`
`
`
`Respectfully Submitted,
`
`
`
`
`
`/s/ Mark E. Miller
`Mark E. Miller
`USPTO Reg. No. 31401
`O’MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111-3823
`Telephone: (415) 984-8700
`Facsimile: (415) 984-8701
`Email: markmiller@omm.com
`
`Attorneys for Petitioner
`Apple Inc.
`
`
`
`2
`
`

`
` CBM2016-00066
`U.S. Patent No. 7,055,169
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on October 26, 2016, I caused a true and correct copy of
`
`
`
`
`
`the foregoing Petitioner’s Request for Refund of Fees to be served on the following
`
`counsel of record via Express mail and email directed to attorneys of record for
`
`Patent Owner as follows:
`
`Joshua L. Goldberg
`
`Daniel G. Chung
`
` FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`
`901 New York Avenue, NW
`
`Washington, DC 20001-4413
`
`josha.goldberg@finnegan.com
`
`daniel.chung@finnegan.com
`
`
`
`Erika H. Arner
`
` FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`
`11955 Freedom Drive
`
`Reston, VA 20190-5675
`
`erika.arner@finnegan.com
`
`
`
`
`
`
`
`
`
`
`
`/s/ Mark E. Miller
`Mark E. Miller (Reg. No. 31,401)

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