`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ACTIVISION BLIZZARD, INC.; ELECTRONIC ARTS INC.; TAKE-TWO IN-
`TERACTIVE SOFTWARE, INC.; 2K SPORTS, INC.; AND ROCKSTAR
`GAMES, INC.
`Petitioners
`
`v.
`
`ACCELERATION BAY LLC
`Patent Owner
`
`
`
`Case: IPR2016-00726
`U.S. PATENT NO. 6,910,069 B1
`
`
`
`MOTION FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and WILLIAM M.
`FINK, Administrative Patent Judges. PETTIGREW, Administrative Patent Judge.
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the Patent Review Processing System
`
`
`
`
`
`1
`
`
`
`Respectfully submitted,
`/Andrew R. Sommer/
`Andrew R. Sommer
`Reg. No. 53,932
`
`Lead Counsel for Petitioners Activision
`Blizzard, Inc., Electronic Arts Inc., Take-
`Two Interactive Software, Inc., 2K
`Sports, Inc., and Rockstar Games, Inc.
`
`
`
`
`Dated: October 5, 2016
`
`
`
`
`2
`
`
`
`Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive
`
`Software, Inc., 2K Sports, Inc., and Rockstar Games, Inc. (collectively,
`
`“Petitioner”) hereby requests a refund of the $14,800 for the post-institution fee
`
`that was previously paid on March 12, 2016. Petitioner filed a petition for inter
`
`partes review of U.S. Patent No. 6,910,069 B1 on March 12, 2016, and paid the
`
`USPTO $23,800 which includes the $9,000 inter partes review request fee, the
`
`$14,000 post-institution fee, and $800 post-institution excess claims fee for 2
`
`claims in excess of fifteen, as required by 37 C.F.R. §42.15(a).
`
`On September 9, 2016, the Board issued a Decision Denying Institution of
`
`this Inter Partes Review of Patent No. 6,910,069 , 37 C.F.R. § 42.108 (Paper No.
`
`11). Since this case was in the preliminary proceeding stage and no institution of
`
`a trial was made, Petitioner is entitled to a refund of the $14,800.00 for the post in-
`
`stitution fee and the post-institution excess claim fees. See 78 Fed. Reg. 4,212,
`
`4,234 (Jan. 18, 2013) (“[I]f the review is not instituted at all, the portion of the fee
`
`covering the trial would be returned,”). Petitioner therefore requests a refund of
`
`the $14,800.00 post-institution fee that it previously paid.
`
`The refund may be deposited in Winston & Strawn LLP Deposit Account
`
`No. 50-1814.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: October 5, 2016
`
`
`
`
`
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`
`
`
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Counsel for Petitioners Activision
`Blizzard, Inc., Electronic Arts Inc.,
`Take-Two Interactive Software, Inc.,
`2K Sports, Inc., and Rockstar Games,
`Inc.
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on
`
`October 5, 2016, I caused to be served a true and correct copy of the foregoing
`
`MOTION FOR REFUND OF POST-INSTITUTION FEE was served, via
`
`electronic mail upon Patent Owner at the correspondence address of record for U.S.
`
`Patent No. 6,910,069, as follows:
`
`James Hannah - jhannh@kramerlevin.com
`
`Michael Lee - mhlee@kramerlevin.com
`
`Shannon Hedvat - shedvat@kramerlevin.com
`
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Counsel for Petitioners Activision
`Blizzard, Inc., Electronic Arts Inc.,
`Take-Two Interactive Software, Inc.,
`2K Sports, Inc., and Rockstar Games,
`Inc.
`
`Dated: October 5, 2016
`
`
`
`
`
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`
`
`
`
`3
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