`DOCKET NO.: 0107131-00269US1
`Filed on behalf of Intel Corporation
`By: Michael A. Diener, Reg. No. 37,122
`Yung-Hoon Ha, Reg. No. 56,368
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`Tel: (617) 526-6000
`Email: Michael.Diener@wilmerhale.com
`
` Yung-Hoon.Ha@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. 6,805,779 to Roman Chistyakov
`
`IPR Trial No. 2014-00598
`
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION
`FEE
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`Intel Corporation ("Petitioner" or Intel") hereby files its request for a
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`refund of the $23,800 post-institution fee that was previously paid.
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`
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`
`
`
`IPR Trial No. 2014-00598
`0107131-00269US1
`
`On April 9, 2014, Petitioner filed a petition for inter partes review of
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`U.S. Patent No. 6,805,779 and paid the USPTO a total of $23,800 at the
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`time of filing this petition, which included a $9,800 payment for the inter
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`partes review request fee and a $14,000 payment for the post-institution fee
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`required by 37 C.F.R. §42.15(a)(1)-(2). The filed inter partes review
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`petition was granted a filing date on April 14, 2014. (Paper No. 4). The
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`parties subsequently reached a settlement and filed a joint motion to
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`terminate the proceedings on September 12, 2014. On September 15, 2014,
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`the Board entered a Judgment, Termination of the Proceeding under 37 C.F.R.
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`§ 42.73 (Paper No. 9) in which the Board granted the parties' joint motion to
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`terminate the proceeding and thereby terminated the proceeding. The Board
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`terminated the proceeding before institution of the inter partes review and the
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`petition to institute the inter partes review was filed on April 9, 2014. The
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`Petitioner is entitled to request a refund of the post-institution fee that was
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`previously paid and is entitled to this refund. See e.g., 78 FR 4233 (January
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`18, 2013) available at http://www.gpo.gov/fdsys/pkg/FR-2013-01-
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`18/pdf/2013-00819.pdf (stating that "The entire post-institution fee would be
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`returned to the petitioner if the Office does not institute a review."); Patent
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`Review Processing System (PRPS) FAQ at E7 available at
`
`http://www.uspto.gov/ip/boards/bpai/prps.jsp.
`
`
`
`
`
`
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`IPR Trial No. 2014-00598
`0107131-00269US1
`
`For at least the reasons sets forth above, Intel hereby files its request
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`for a refund of the post-institution fee that was previously paid and hereby
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`requests a refund of the $23,800 post-institution fee previously paid by Intel.
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`The refund may be deposited in Deposit Account No. 080219 under
`
`attorney reference number 0107131-00269US1.
`
`Respectfully submitted,
`
`Dated: October 30, 2014
`
`By: _/Michael A. Diener/_______
`
`Case No. IPR2013-00598
`
`Michael A. Diener
` Reg. No. 37,122
`Yung-Hoon Ha
`Reg. No. 56,368
`Wilmer Cutler Pickering Hale and Dorr
`LLP
`60 State Street
`Boston, MA 02109
`
`Tel: 617-526-6000
`Fax: 617-526-5000
`Attorneys for Petitioner, Intel
`Corporation.
`
`
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`IPR Trial No. 2014-00598
`0107131-00269US1
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`CERTIFICATE OF SERVICE ON PATENT OWNER
`
`The undersigned certifies that on the 30th day of October 2014 a
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`complete and entire copy of this REQUEST FOR REFUND OF POST-
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`INSTITUTION FEE was provided by email to the Patent Owner by serving
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`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
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`137060850v.1
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`
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