`
`IPR2015-00820
`United States Patent No. 8,532,641
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioners,
`
`
`v.
`
`AFFINITY LABS OF TEXAS, LLC
`Patent Owner
`____________
`
`Case IPR2015-00820
`Patent 8,532,641
`____________
`
`Before the Honorable KEVIN F. TURNER, LYNNE E. PETTIGREW, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`MOTION FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
`
`(collectively, “Petitioners”) hereby request a refund of the $14,000 post-institution fee
`
`that they previously paid. Petitioners filed a petition for inter partes review of U.S.
`
`Patent No. 8,532,641 on February 27, 2015, and paid the USPTO $23,000 on that
`
`date, including a $9,000 payment for the inter partes review request fee and a $14,000
`
`payment for the post-institution fee, as required by 37 C.F.R. §42.15(a)(2). The Board
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`1
`
`
`
`
`denied institution of the inter partes review petition on May 15, 2015 (Paper No. 12).
`
`IPR2015-00820
`United States Patent No. 8,532,641
`
`Based on this denial of institution, Petitioners are entitled to a refund of the post-
`
`institution
`
`fee.
`
` 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 (“if the review
`
`is not instituted at all, the portion of the fee covering the trial would be returned”).
`
`For at least the foregoing reasons, Petitioners hereby request a refund of the $14,000
`
`post-institution fee that it previously paid. The refund may be deposited in Account
`
`No. 06-1075 under Order NO. 110797-0004-658.
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /J. Steven Baughman/
`J. Steven Baughman (Lead Counsel)
`Reg. No. 47,414
`ROPES & GRAY LLP
`One Metro Center, 700 12th St. – Ste. 900
`Washington, DC 20005-3948
`P: 202-508-4606 / F: 202-383-8371
`steven.baughman@ropesgray.com
`
`Mailing address for all PTAB correspondence: ROPES & GRAY LLP
`IPRM – Floor 43, Prudential Tower, 800 Boylston Street, Boston, MA 02199-3600
`Attorneys for Petitioners, Samsung Electronics Co., Ltd., and Samsung Elec-
`tronics America, Inc.
`
`
`
`
`
`May 18, 2015
`
`
`Gabrielle E. Higgins (Backup Counsel)
`Reg. No. 38,916
`ROPES & GRAY LLP
`1900 University Avenue – Suite 600
`East Palo Alto, CA 94303
`P: 650-617-4000 /F: 650-617-4090
`gabrielle.higgins@ropesgray.com
`
`
`
`IPR2015-00820
`United States Patent No. 8,532,641
`CERTIFICATE OF SERVICE
`
`It is certified that a copy of Petitioners’ MOTION FOR REFUND OF
`
`POST-INSTITUTION FEES has been served in its entirety by causing the afore-
`
`mentioned document to be electronically mailed, pursuant to the Petitioners’ and Pa-
`
`tent Owner’s agreement, the following attorneys of record for the Patent Owner listed
`
`below:
`
`
`
`Ryan M. Schultz
`ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
`800 LaSalle Ave.
`2800 LaSalle Plaza
`Minneapolis, MN 55402
`
`Thomas R. DeSimone
`ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
`One Atlantic Center
`1201 West Peachtree St., Suite 2200
`Atlanta, CA 30309
`TRDeSimone@rkmc.com
`
`
`
`Dated: May 18, 2015
`
`
`
`
`
`
`
`
`By: /Carolyn L. Redding/
`Carolyn L. Redding
`ROPES & GRAY LLP
`
`
`
`
`
`
`
`1
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`
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