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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACTIVISION BLIZZARD, INC.; ELECTRONIC ARTS INC.; TAKE-TWO IN-
`TERACTIVE SOFTWARE, INC.; 2K SPORTS, INC.; AND ROCKSTAR
`GAMES, INC.
`Petitioners
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`v.
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`ACCELERATION BAY LLC
`Patent Owner
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`
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`Case: IPR2016-00727
`U.S. PATENT NO. 6,829,634 B1
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`
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`MOTION FOR REFUND OF POST-INSTITUTION FEE
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`
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`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
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`Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive Soft-
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`
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`ware, Inc., 2K Sports, Inc., and Rockstar Games, Inc. (collectively, “Petitioner”)
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`hereby requests a refund of the $14,000 for the post-institution fee that was previ-
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`ously paid on March 12, 2016.
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`Petitioner filed a petition for inter partes review of U.S. Patent No.
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`6,829,634 B1 on March 12, 2016, and paid the USPTO $23,000 on that date which
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`includes the $9,000 inter partes review request fee and the $14,000 post-institution
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`fee, as required by 37 C.F.R. §42.15(a).
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`On September 9, 2016, the Board issued a Decision Denying Institution of
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`this Inter Partes Review of Patent No. 6,829,634 B1, 37 C.F.R. § 42.108 (Paper No.
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`13). Since this case was in the preliminary proceeding stage and no institution of a
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`trial was made, Petitioner is entitled to a refund of the $14,000.00 for the post insti-
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`tution fee. See 78 Fed. Reg. 4,212, 4,234 (Jan. 18, 2013) (“[I]f the review is not
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`instituted at all, the portion of the fee covering the trial would be returned,”). Peti-
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`tioner therefore requests a refund of the $14,000.00 post-institution fee that it pre-
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`viously paid.
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`The refund may be deposited in Winston & Strawn LLP Deposit Account
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`No. 50-1814.
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`Dated: October 3, 2016
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`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
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`
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`Respectfully submitted,
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`/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.
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`
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`CERTIFICATE OF SERVICE
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`
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on
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`October 3, 2016, I caused to be served a true and correct copy of the foregoing
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`MOTION FOR REFUND OF POST-INSTITUTION FEE was served, via
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`electronic mail upon Patent Owner at the correspondence address of record for U.S.
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`Patent No. 6,829,634, as follows:
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`James Hannah - jhannh@kramerlevin.com
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`Michael Lee - mhlee@kramerlevin.com
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`Shannon Hedvat - shedvat@kramerlevin.com
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`KRAMER LEVIN NAFTALIS & FRANKEL LLP
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`Respectfully submitted,
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`/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.
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`Dated: October 3 , 2016
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`
`
`
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`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006