`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`REALTEK SEMICONDUCTOR CORPORATION
`Petitioner
`
`v.
`
`ANDREA ELECTRONICS CORPORATION
`Patent Owner
`_______________
`
`Case: IPR2015-01394
`
`Patent 6,363,345
`
`
`
`PETITIONER’S REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
`
`
`
`
`Before MICHAEL R. ZECHER, TREVOR M. JEFFERSON, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`JEFFERSON, ADMINISTRATIVE PATENT JUDGE.
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`IPR2015-01394
`
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 F.R. 4211, 4234–4235 (Jan. 18, 2013), Petitioner Realtek
`
`Semiconductor Corporation (“Petitioner”) hereby requests a refund in the amount of
`
`$22,000.00 to be paid to PTO customer deposit account number 53065.
`
`
`
`On July 13, 2015 Petitioner filed a Petition for Inter Partes Review of U.S.
`
`Patent 6,363,345 (Claims 1-25 and 38-47) with the Patent Trial and Appeal Board
`
`(“PTAB”), case number IPR2015-01394. In accordance with the fee schedule
`
`specified in 37 C.F.R. § 42.15(a) Petitioner deposited an electronic payment in the
`
`amount of $34,000.00 with the PTO at the time of filing of its Petition to cover
`
`associated fees. Petitioner’s payment consisted of the following:
`
`Inter Partes Review Request Fee (§
`42.15(a)(1)
`
`Inter Partes Post-Institution Fee
`(§ 42.15(a)(2)
`
`Inter Partes Review Request Fee
`Excess of 15 Claims (§ 42.15(a)(3)
`
`Inter Partes Post-Institution Fee
`Excess of 20 Claims (§ 42.15(a)(4)
`
`$9,000.00
`
`$14,000.00
`
`$3,000.00
`
`$8,000.00
`
`TOTAL DEPOSIT
`
`$34,000.00
`
`
`
`On October 16, 2015, the Petitioner and Patent Owner jointly filed with the
`
`PTAB a Motion to Terminate the IPR2015-01394 proceedings (Paper Nos. 6, 7).
`
`On November 3, 2015, the PTAB Board issued a Decision to Terminate the
`
`IPR2015-01394 proceedings (Paper No. 8). Accordingly, Petitioner requests a
`
`1
`
`
`
`IPR2015-01394
`
`refund in the amount of $22,000.00 for the post-institution fees that it has paid to the
`
`PTAB in connection with that proceeding.
`
`Dated: November 16, 2015
`
`
`
`By: /John M Caracappa/
`
`
`
`Respectfully submitted,
`
`John M. Caracappa
`Reg. No. 43,532
`jcaracap@steptoe.com
`Tremayne M. Norris
`(Reg. No. 58,683)
`tnorris@steptoe.com
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036-1795
`Telephone: 202-429-3000
`Facsimile: 202-429-3902
`
`Counsel for Realtek Semiconductor
`Corporation
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2015-01394
`
`I, the undersigned hereby certify that a copy of the foregoing document
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`was served on November 16, 2015 in its entirety on the following counsel by
`
`USPS Express Mail Service directed to the following:
`
`Andy H. Chan
`chana@pepperlaw.com
`Yue (Lily) Li
`lil@pepperlaw.com
`PEPPER HAMILTON LLP
`333 Twin Dolphin Drive, Suite 400
`Redwood City, CA 94065
`Telephone: (650) 802-3602
`Facsimile: (650) 802-3650
`
`
` Respectfully submitted,
`
`Date: November 16, 2015 By:
`
`
`George S. Haight
`haightg@pepperlaw.com
`Griffin Mesmer
`mesmerg@pepperlaw.com
`PEPPER HAMILTON LLP
`125 High Street, 19th Floor
`High Street Tower
`Boston, MA 02110
`Telephone: (617) 204-5100
`Facsimile: (617) 204-5150
`
`/John M Caracappa/
`John M. Caracappa
`Reg. No. 43,532
`jcaracap@steptoe.com
`Tremayne M. Norris
`(Reg. No. 58,683)
`tnorris@steptoe.com
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036-1795
`Telephone: 202-429-3000
`Facsimile: 202-429-3902
`
`Counsel for Realtek Semiconductor
`Corporation
`
`
`
`
`
`1
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