`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`UMICORE AG & CO. KG
`
`Petitioner
`
`v.
`
`BASF CORPORATION
`
`Patent Owner
`
`Case IPR2016-00613
`US Patent 9,039,982
`__________________________________________________________________
`
`PETITIONER’S REQUEST FOR
`REFUND OF POST-INSTITUTION FEES
`__________________________________________________________________
`
`
`
`Petitioner Umicore AG & Co. KG (“Umicore” or “Petitioner”) filed its
`
`Petition for Inter Partes Review (“IPR”) in this case on February 17, 2016. The
`
`petition identified all 27 claims of U.S. Patent No. 9,039,982 as the claims at issue.
`
`(See Paper 1.) On August 31, 2016, and prior to issuance of an institution decision,
`
`the Board granted a joint motion to terminate and dismiss the IPR petition in view
`
`of a settlement between Petitioner and Patent Owner BASF Corp. (See Paper 9.)
`
`Since Umicore’s petition addressed 27 claims, it was accompanied by a fee
`
`payment of $27,400 that can be broken down as follows:
`
`Fee
`
`IPR Request fee
`
`(37 CFR § 42.15(1))
`
`Amount
`
`$9,000
`
`Fee for claims in excess of 20 in petition
`
`$1,400 (7 claims x $200)
`
`(37 CFR § 42.15(3))
`
`IPR Post-Institution fee
`
`$14,000
`
`(37 CFR § 42.15(2))
`
`Fee for instituted claims in excess of 15
`
`$4,800 (12 claims x $400)
`
`(37 CFR § 42.15(4))
`
`TOTAL
`
`$29,200
`
`In view of the dismissal of the IPR petition prior to institution, Petitioner
`
`respectfully requests a refund of in the amount of $18,800. This amount includes
`
`-1-
`
`
`
`the post-institution fee and the fee for instituted claims in excess of 15. Petitioner
`
`requests that the refund be credited to the deposit account of Orrick, Herrington, &
`
`Sutcliffe LLP: 15-0665.
`
`Date: 9/30/2016
`
`/ Elizabeth Gardner /
`Elizabeth Gardner (Reg. No. 36,519)
`Orrick, Herrington, & Sutcliffe LLP
`51 West 52nd Street
`New York, NY 10019
`Tel: 212-506-5000
`Fax. 212-506-5151
`Email: egardner@orrick.com
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby confirms that the foregoing PETITIONER’S
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES was served on
`
`September 30, 2016 via e-mail upon the following counsel of record for Patent
`
`Owner:
`
`Brian E. Ferguson (brian.ferguson@weil.com)
`Anish R. Desai (anish.desai@weil.com)
`Weil, Gotshal & Manges LLP
`1300 Eye Street, NW Suite 900
`Washington, DC 20005
`
`/ Elizabeth Gardner /
`Elizabeth Gardner (Reg. No. 36,519)
`Orrick, Herrington, & Sutcliffe LLP
`51 West 52nd Street
`New York, NY 10019
`Tel: 212-506-5000
`Fax. 212-506-5151
`Email: egardner@orrick.com
`
`-3-
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