`
`By: Dianna G. El Hioum (delhioum@merchantgould.com)
`Merchant & Gould P.C.
`767 Third Avenue, 23rd Floor
`New York, NY 10017-2023
`Tel: (212) 223-6656
`Fax: (612) 332-9081
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TMM, INC.,
`Petitioner
`
`v.
`
`DIMENSION, INC.,
`Patent Owner
`____________
`
`Case IPR2014-00804
`Patent 8,639,053
`____________
`
`REFUND REQUEST
`
`
`
`
`
`Petitioner hereby requests a refund in the amount of $2,000 corresponding to
`
`the post-institution excess claim fee for five claims.
`
`On May 23, 2014, Petitioner filed a Petition requesting Inter Partes Review
`
`(IPR) of 30 claims (i.e., claims 1-30) in U.S. Patent No. 8,639,053 (“the ‘053
`
`Patent”), and concurrently submitted a payment in the amount of $31,000, which
`
`included a post-institution excess claims fee of $6,000 ($400 × 15) pursuant to 37
`
`C.F.R. §42.15(a)(4).
`
`On November 12, 2014, the Patent Trial and Appeal Board instituted an IPR
`
`for 25 out of the 30 challenged claims (i.e., IPR was instituted for claims 1-16 and
`
`22-30). Accordingly, the required post-institution excess claims fee is only $4,000
`
`($400 × 10).
`
`Because Petitioner paid $6,000 for the post-institution excess claims fee and
`
`only $4,000 is required, Petitioner hereby requests a refund of $2,000.
`
`Please credit Deposit Account No. 13-2725 in the amount of $2,000.
`
`
`
`Respectfully submitted,
`MERCHANT & GOULD, P.C.
`
` /Dianna G. El Hioum/
`Dianna G. El Hioum, Reg. No. 52,949
`Daniel W. McDonald, Reg. No. 32,044
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`delhioum@merchantgould.com
`dmcdonald@merchantgould.com
`
`Date: December 2, 2014
`
`
`By:
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R § 42.6(e), the undersigned certifies that on December
`
`2, 2014, a copy of this REFUND REQUEST was served via electronic mail to the
`
`following:
`
`Jack D. Todd
`TODD PARTNERS, P.C.
`1718 Peachtree St., N.W., Suite 195
`Atlanta, Georgia 30309
`Tel: 404-386-1263
`Fax: 404-809-2450
`E-mail: jack@toddpartners.com
`
`docket@toddpartners.com
`
`
`
`Respectfully submitted,
`
` /Dianna G. El Hioum/
`Dianna G. El Hioum, Reg. No. 52,949
`Daniel W. McDonald, Reg. No. 32,044
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`delhioum@merchantgould.com
`dmcdonald@merchantgould.com
`
`Date: December 2, 2014
`
`
`By:
`
`
`
`
`
`3
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