`By: Richard F. Giunta
`Elisabeth H. Hunt
`Randy J. Pritzker
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`Tel: (617) 646-8000
`Fax: (617) 646-8646
`RGiunta-PTAB@wolfgreenfield.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`RPX Corporation
`Petitioner
`v.
`Applications in Internet Time, LLC
`Patent Owner
`_____________
`
`Case IPR2015-01751
`Patent 7,356,482 B2
`_____________
`PETITIONER’S REQUEST FOR REFUND
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`Paper No. __
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`Petitioner RPX Corporation (“RPX”) hereby requests that a refund in the
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`amount of $6,000.00 in post-institution excess claims fees be paid to Petitioner’s
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`Deposit Account No. 23/2825, in accordance with the Patent and Trademark
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`Office’s Final Rule Setting and Adjusting Patent Fees, 78 Fed. Reg. 4211, 4233-34
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`(Jan. 18, 2013).
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`On August 17, 2015, RPX filed a Petition for Inter Partes Review of claims
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`1, 7-21, 27-41, and 47-59 of U.S. Patent No. 7,356,482 that was assigned case
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`number IPR2015-01751. In accordance with the fee schedule specified in 37
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`C.F.R. § 42.15(a), RPX submitted payment in the amount of $39,400 at the time of
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`filing its Petition, including the $9,000 Inter Partes Review request fee under 37
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`C.F.R. § 42.15(a)(1), $4,800 for requesting review of excess claims under 37
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`C.F.R. § 42.15(a)(2), the $14,000 Inter Partes Review Post-Institution fee under 37
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`C.F.R. § 42.15(a)(3), and $11,600 in post-institution excess claims fees (29 claims
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`at $400 per claim) under 37 C.F.R. § 42.15(a)(4).
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`On February 25, 2016, the Board entered a Decision granting institution of
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`Inter Partes Review as to claims 1, 7, 8, 10–21, and 27–40 (Paper No. 51).
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`Review was not instituted on 15 of the claims for which post-institution excess
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`claims fees were prepaid (i.e., claims 9, 41, and 47-59). Accordingly, RPX
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`requests a refund of $6,000.00 (15 claims at $400 per claim) for the post-institution
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`excess claims fees prepaid on claims for which review was not instituted. 78 Fed.
`1
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`Reg. 4211, at 4233 (“If the Office reviews more than 15 claims, but fewer than all
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`of the requested claims, it would return part of the fee for each claim the Office did
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`Respectfully submitted,
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`/s/ Elisabeth Hunt
`Richard F. Giunta, Reg. No. 36,149
`Elisabeth H. Hunt, Reg. No. 67,336
`Randy J. Pritzker, Reg. No. 35,986
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`617.646.8000
`
`2
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`not review.”).
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`Dated: March 15, 2016
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`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6 (E)(4)
`It is hereby certified that on this 15th day of March, 2016, a copy of the
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`foregoing document, together with all accompanying documents, was served via
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`electronic mail, as previously consented to by Patent Owner, upon the following
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`counsel of record:
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`Jonathan Pearce (Reg. No. 60,972)
`M. Kala Sarvaiya (Reg. No. 58,912)
`SoCal IP Law Group LLP
`310 N. Westlake Boulevard, Suite 120
`Westlake Village, CA 91362
`uspto@socalip.com
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`/s/ Elisabeth Hunt
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`Elisabeth H. Hunt, Reg. No. 67,336
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`3
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