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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION,
`Petitioner,
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`v.
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`BRADIUM TECHNOLOGIES LLC,
`Patent Owner.
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`Case No. IPR2016-01897
`Patent No. 9,253,239 B2
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`PETITIONER'S REQUEST FOR REFUND OF
`POST-INSTITUTION FEE
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`Case IPR2016-01897, Patent No. 9,253,239
`Petitioner's Request for Refund
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`The petition for inter partes review of U.S. Patent No. 9,253,239 B2 (Case
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`No. IPR2016-01897) was instituted by a Decision issued by the PTAB on April 5,
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`2017 (Paper No. 17). The proceeding has since been terminated due to settlement
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`by an Order issued by the PTAB on October 25, 2017 (Paper 31).
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`If the Board decides to institute a review for fewer claims than requested, the
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`petitioner may request a refund for the post-institution excess claim fees paid.
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`In light of the above circumstances, Petitioner hereby requests a refund in
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`the total amount of $400 for the inter partes post-institution excess claim fees
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`previously paid by Petitioner in connection with this proceeding.
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`The determination of the above refund is based on the following. On
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`September 30, 2016 , Petitioner filed a petition for inter partes review of claims 1-
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`25 of U.S. Patent No. 9,253,239 B2 (IPR2016-01897, Paper No. 2), accompanied
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`by a total payment of $28,000 in accordance with the fee schedule specified in 37
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`C.F.R. § 42.15(a). On April 5, 2017, the Board decided to institute review for
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`claims 1-19 and 21-25, but not claim 20. Accordingly, Petitioner is entitled to a
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`refund for one post-institution excess claim fee paid.
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`-1-
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`Inter Partes review request fee:
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`Case IPR2016-01897, Patent No. 9,253,239
`Petitioner's Request for Refund
`$9,000.00
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`Inter Partes review request of each claim in excess of 20:
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`Inter Partes review post-institution fee:
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`$1,000.00
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`$14,000.00
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`Inter Partes post-institution request of each claim in excess of 15:
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`$4,000.00
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`Total fees paid:
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`$28,000.00
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`Under the Board’s current practice, Petitioner is entitled to a refund of the
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`above listed inter partes post-institution excess claim fees in the total amount of
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`$400.00.
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`Accordingly, Petitioner respectfully requests that the Board grant this
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`request for refund of the inter partes post-institution fees, and credit a refund in the
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`amount of $400.00 to Petitioner's EFT account, or Deposit Account No. 50-0665.
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`Dated: December 14, 2017
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`Respectfully submitted,
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`/Chun M. Ng/
`Lead Counsel
`Chun M. Ng, Reg. No. 36,878
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`Back-up Counsel
`Matthew C. Bernstein, Pro Hac Vice
`Patrick J. McKeever, Reg. No. 66,019
`Vinay P. Sathe, Reg. No. 55,595
`Evan S. Day, Reg. No. 75,992
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`Attorneys for Microsoft Corporation
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`-2-
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`Case IPR2016-01897, Patent No. 9,253,239
`Petitioner's Request for Refund
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing
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`PETITIONER'S REQUEST FOR REFUND OF POST-INSTITUTION FEES has
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`been served in its entirety this 14th day of December, 2017 by electronic mail on
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`the Patent Owner via its attorneys of record:
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`ANDREWS KURTH KENYON LLP
`Chris Coulson - ccoulson@andrewskurthkenyon.com
`Clifford Ulrich - culrich@andrewskurthkenyon.com
`Bradiumiprservice@andrewskurthkenyon.com
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`Respectfully submitted,
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`/Chun M. Ng/
`Lead Counsel
`Chun M. Ng, Reg. No. 36,878
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`Back-up Counsel
`Matthew C. Bernstein, Pro Hac Vice
`Patrick J. McKeever, Reg. No. 66,019
`Vinay P. Sathe, Reg. No. 55,595
`Evan S. Day, Reg. No. 75,992
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`Attorneys for Microsoft Corporation
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`Dated: December 14, 2017
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