`
`
`
`
`
`Paper No. _______
`Filed: July 14, 2014
`
` Oliver R. Ashe, Jr., Esq.
`ASHE, P.C.
`11440 Isaac Newton Sq. North
`Suite 210
`Reston, VA 20190
`Tel.: (703) 467-9001
`Fax: (703) 467-9002
`E-mail: oashe@ashepc.com
`
`Gregory M. Howison
`HOWISON & ARNOTT, LLP
`Lincoln Centre II
`5420 LBJ Freeway, Suite 660
`Dallas, Texas 75240
`Tel.: (972) 680-6050
`Fax: (972) 479-0464
`E-mail: ghowison@dalpat.com
`
`By:
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`RPX CORPORATION,
`Petitioner,
`
`v.
`
`VIRNETX, INC. AND SCIENCE APPLICATION
`INTERNATIONAL CORPORATION,
`Patent Owner
`
`_____________
`
`Case IPR2014-00176
`Patent 7,418,504
`_____________
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`On November 20, 2013, Petitioner RPX Corporation (“RPX”) filed a
`
`petition for inter partes review requesting review of 20 claims of U.S. Patent No.
`
`7,418,504 (“the ‘504 patent”). (Paper 1). At the time of filing of the petition, RPX
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`paid a $9,000 inter partes request fee and $16,000 inter partes post-institution fees
`
`in accordance with 37 C.F.R. § 42.15(a).
`
`On November 22, 2013, RPX filed a corrected petition for inter partes
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`review requesting review of 22 claims of the ‘504 patent. (Paper 4). In view of the
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`corrected petition, RPX owes the Patent Trial and Appeal Board (“PTAB”) a $400
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`inter partes request fee for 2 claims in excess of 20 claims.
`
`On June 5, 2014, the PTAB denied institution of the inter partes review.
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`(Paper 49).
`
`In view of the PTAB’s decision and pursuant to the Patent and Trademark
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`Office’s Final Rule Setting and Adjusting Patent Fees, 78 Fed. Reg. 4212, 4232-
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`4234 (Jan. 18, 2013), RPX respectfully requests a refund of the following post-
`
`institution fees:
`
`Inter Partes Review Post Inst. (1414)
`Post Inst. Claims in Excess of 15 (1415)
`Pre-Inst. Fee for 2 Claims in Excess of 20 (1407)
`(owed by RPX in view of the corrected petition)
`
`
`1 x $14,000.00 $14,000
`5 x $400
`$2,000
`2 x $200
`- $400
`
`Total Amount: $15,600
`
`
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`
`
`
`
`
`
`
`
`ASHE, P.C.
`11440 Isaac Newton Square North
`Suite 210
`Reston, VA 20190
`Tel.: 703-467-9001
`Fax: 703-467-9002
`E-mail: oashe@ashepc.com
`
`
`
`Petitioner respectfully requests that the refund of $15,600 be deposited to
`
`Deposit Account No. 20-0780.
`
`
`
`
`
`July 14, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`Respectfully submitted,
`
`
`
` /Oliver R. Ashe, Jr./
`Oliver R. Ashe, Jr.
`Registration No. 40,491
`Counsel for Petitioner
`
`
`
`2
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the paper entitled
`“PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION
`FEES” was served this 14th day of July, 2014, by e-mail, on the following counsel
`of record for Patent Owner:
`
`
`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street, NW
`Washington, DC 20005
`Phone: (202)551-1996
`Fax: (202)551-0496
`E-mail: josephpalys@paulhastings.com
`
`Naveen Modi
`Paul Hastings LLP
`875 15th Street, NW
`Washington, DC 20005
`Phone: (202)551-1990
`Fax: (202)551-0490
`E-mail: naveenmodi@paulhastings.com
`
`
`
`
`
`July 14, 2014
`
`
`
`
`
`
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`
`
`
`
`
`
` /Oliver R. Ashe, Jr./
`Oliver R. Ashe, Jr.
`
`
`
`
`
`
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