`
`
`
`
`
`
`
`
`DOCKET NO.: 0107131-00271US1
`Filed on behalf of Intel Corporation
`By: Richard Goldenberg, Reg. No. 38,895
`David L. Cavanaugh, Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: Richard.Goldenberg@wilmerhale.com
`
` David.Cavanaugh@wilmerhale.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`INTEL CORPORATION
`Petitioner
`
`v.
`
`Zond, LLC, Patent Owner of
`U.S. Patent No. 6,853,142 to Roman Chistyakov
`
`IPR Trial No. 2014-00494
`
`
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION
`FEE
`
`Intel Corporation ("Petitioner" or Intel") hereby files its request for a
`
`refund of the $23,400 post-institution fee that was previously paid.
`
`
`
`IPR Trial No. 2014-00494
`0107131-00271US1
`
`On March 13, 2013, Petitioner filed a petition for inter partes review of
`
`U.S. Patent No. 6,260,168 and paid the USPTO a total of $23,400 at the
`
`time of filing this petition, which included a $9,400 payment for the inter
`
`partes review request fee and a $14,000 payment for the post-institution fee
`
`required by 37 C.F.R. §42.15(a)(1)-(2). The filed inter partes review
`
`petition was granted a filing date on March 24, 2013. (Paper No. 3). The
`
`parties subsequently reached a settlement and filed a joint motion to
`
`terminate the proceedings on September 12, 2014. On September 15, 2014,
`
`the Board entered a Judgment, Termination of the Proceeding under 37 C.F.R.
`
`§ 42.73 (Paper No. 8) in which the Board granted the parties' joint motion to
`
`terminate the proceeding and thereby terminated the proceeding. The Board
`
`terminated the proceeding before institution of the inter partes review and the
`
`petition to institute the inter partes review was filed on March 13, 2013. The
`
`Petitioner is entitled to request a refund of the post-institution fee that was
`
`previously paid and is entitled to this refund. 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 (stating that "The entire post-institution fee would be
`
`returned to the petitioner if the Office does not institute a review."); Patent
`
`Review Processing System (PRPS) FAQ at E7 available at
`
`http://www.uspto.gov/ip/boards/bpai/prps.jsp.
`
`
`
`
`
`
`
`IPR Trial No. 2014-00494
`0107131-00271US1
`
`For at least the reasons sets forth above, Intel hereby files its request
`
`for a refund of the post-institution fee that was previously paid and hereby
`
`requests a refund of the $23,400 post-institution fee previously paid by Intel.
`
`The refund may be deposited in Deposit Account No. 080219 under
`
`attorney reference number 0107131-00271US1.
`
`Respectfully submitted,
`
`Dated: October 30, 2014
`
`By: /David L. Cavanaugh/
`
`Case No. IPR2013-00494
`
`Richard Goldenberg
` Reg. No. 38,895
`David L. Cavanaugh
`Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr
`LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`
`Tel: 202-663-6000
`Fax: 202-663-6363
`Attorneys for Petitioner, Intel
`Corporation.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR Trial No. 2014-00494
`0107131-00271US1
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`
`The undersigned certifies that on the 30th day of October 2014 a
`
`complete and entire copy of this REQUEST FOR REFUND OF POST-
`
`INSTITUTION FEE was provided by email to the Patent Owner by serving
`
`counsel of record for the Patent Owner:
`
`
`
`
`
`
`
`Dr. Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
`
`Bruce Barker
`Reg. No. 33,291
`Chao Hadidi Stark & Barker LLP
`176 East Main Street, Suite 6
`Westborough, MA 01581
`(508) 366-3800
`bbarker@chsblaw.com
`
`
`
`By; /David L. Cavanaugh/
`David L. Cavanaugh
`Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`Tel: 202-663-6000
`Fax: 202-663-6363
`
`
`
`137059039v.1