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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`________________
`
`Case IPR2014-00274
`Patent 6,018,768
`
`________________
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2014-00274
`Patent No. 6,018,768
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`Petitioner hereby files its request for a refund of the $16,000 post-institution
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`fee that was previously paid.
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`On December 19, 2013, Petitioner Netflix, Inc. filed a petition for inter
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`partes review of U.S. Patent No. 6,018,768 and paid the USPTO a total of $25,000,
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`which included a $9,000 payment for the inter partes review request fee and a
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`$16,000 payment for the post-institution fee ($14,000, plus $400 per claim in
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`excess of 15).
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`The petition was granted a filing date of December 19, 2013. (Paper No. 3).
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`On June 30, 2014, the Board entered a Decision – Denying Inter Partes Review
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`(Paper No. 12) in which the Board denied institution of the requested inter partes
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`review. The Board subsequently entered a Decision on Rehearing (Paper No. 14),
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`in which the Board declined to modify the previous decision to deny institution.
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`Accordingly, the inter partes review was never instituted.
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`Therefore, because the petition to institute inter partes review was filed after
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`March 19, 2013, and the proceeding did not institute, Petitioner Netflix, Inc. is
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`entitled to request a refund of the post-institution fee that was previously paid. See
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`e.g.,78 FR 4233 (January 18, 2013) available at
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`http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf (“The entire
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`post-institution fee would be returned to the petitioner if the Office does not
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`institute a review.”).
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`1
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2014-00274
`Patent No. 6,018,768
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`Petitioner Netflix, Inc. hereby requests a refund of the $16,000 post-
`
`institution fee previously paid by Netflix, Inc. The refund may be deposited in
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`Deposit Account No. 08-1394 of Haynes and Boone, LLP under attorney reference
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`number 50796.4.
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`Date: September 24, 2014
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`Respectfully submitted,
`
`/Andrew S. Ehmke/
`Lead Counsel For Petitioner
`Andrew S. Ehmke
`Registration No. 50,271
`
`HAYNES AND BOONE, LLP
`Customer No. 27683
`Telephone: 214/651-5116
`Facsimile: 214/200-0853
`Attorney Docket No.: 50796.4
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`2
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2014-00274
`Patent No. 6,018,768
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`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.105, that
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`service was made on the Patent Owner as detailed below.
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`Date of service September 24, 2014
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`Manner of service Electronic Mail
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`Document served Petitioner’s Request for Refund of Post-Institution Fee
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`Persons served Erika H. Arner (erika.arner@finnegan.com)
`Joshua L. Goldberg (joshua.goldberg@finnegan.com)
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`11955 Freedom Drive
`Reston, VA, 20190
`
`Russell E. Levine (russell.levine@kirkland.com)
`Eugene Goryunov (eugene.goryunov@kirkland.com)
`James B. Medek (james.medek@kirkland.com)
`Kirkland and Ellis, LLP
`300 North LaSalle
`Suite 2400
`Chicago, IL 60654
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`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Lead Counsel for Petitioner
`Registration No. 50,271
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`3
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