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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FUJITSU NETWORK COMMUNICATIONS, INC.
`Petitioner
`
`v.
`
`THOMAS SWAN & CO. LTD.
`Patent Owner
`
`Case No. IPR2014-01381
`Patent 8,335,033
`
`PETITIONER’S REQUEST FOR REFUND
`OF POST-INSTITUTION FEES
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Case No. IPR2014-01381
`U.S. Patent No. 8,335,033
`
`Petitioner Fujitsu Network Communications, Inc. (“FNC”) requests a refund
`
`of $17,200 post-institution fees paid by FNC in connection with this proceeding.
`
`On August 26, 2014, FNC filed a petition for inter partes review of claims 1,
`
`22, 24, 26, 27, 29, 39, 43, 45, 47, 48, 51, 57, 58, 64, 65, 76, 79, 80, 81, 89 and 90
`
`of U.S. Patent No. 8,335,033 (Paper No. 1), accompanied by a total payment of
`
`$26,200 for the fee required under 37 C.F.R. § 42.103 and set forth in 37 C.F.R.
`
`§ 42.15(a). FNC’s payment consisted of: (i) $9,000 for the request fee under 37
`
`C.F.R. § 42.15(a)(1); (ii) $14,000 for the post-institution fee under 37 C.F.R.
`
`§ 42.15(a)(2); and (iii) $3,200 for the post-institution excess claim fee under 37
`
`C.F.R. § 42.15(a)(4). Thus, FNC paid $17,200 in post-institution fees in
`
`connection with this proceeding.
`
`On November 10, 2014, before rendering a decision on the merits regarding
`
`whether to institute a trial and before the Patent Owner filed a response to the
`
`petition, the Patent Trial and Appeal Board (“PTAB”) entered a judgment of a
`
`termination of the proceeding (Paper No. 9) based on a settlement between the
`
`parties.
`
`Accordingly, FNC respectfully requests that the PTAB grant this request
`
`for refund of the post-institution fees and credit a refund in the amount of $17,200
`
`to Petitioner by depositing the refund into Deposit Account No. 13-3250.
`
`1
`
`
`
`

`
`Case No. IPR2014-01381
`U.S. Patent No. 8,335,033
`
`
`Respectfully submitted,
`MILBANK, TWEED, HADLEY & MCCLOY
`LLP
`
`
`
`/Christopher E. Chalsen/
`Christopher E. Chalsen
`Registration No. 30,936
`Lead Counsel for Petitioner
`Fujitsu Network Communications, Inc.
`
`
`
`
`Dated: November 13, 2014
`
` 1
`
` Chase Manhattan Plaza
`New York, New York 10005
`Tel: (212) 530-5380
`Fax: (212) 822-5380
`Email: cchalsen@milbank.com
`
`
`
`
`
`2
`
`

`
`Case No. IPR2014-01381
`U.S. Patent No. 8,335,033
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on November 13, 2014, a complete
`
`
`
`
`
`and entire copy of
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION
`FEES
`
`was served via electronic mail on the following counsel of record for the Patent
`
`Owner:
`
`Marc M. Wefers
`Reg. No. 56,842
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (617) 521-7857
`Email: wefers@fr.com
`IPR28733-005IP2@fr.com
`Fax: (877) 769-7945
`
`W. Karl Renner
`Reg. No. 41,265
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (202) 783-5070
`Email: axf@fr.com
`IPR28733-0005IP2@fr.com
`Fax: (877) 769-7945
`
`
`
`
`
`
`
`
`/Christopher E. Chalsen/
`Christopher E. Chalsen
`Registration No. 30,936

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