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`Paper No. ___
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RPX CORPORATION,
`Petitioner,
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`v.
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`DIGITAL AUDIO ENCODING SYSTEMS, LLC,
`Patent Owner.
`_________________
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`Case IPR2017-00212
`Patent No. 7,490,037 B2
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`PETITIONER’S REQUEST FOR REFUND
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`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
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`Adjusting Patent Fees, 78 Fed. Reg. 4211, 4233-34 (Jan. 18, 2013), Petitioner RPX
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`Corporation (“Petitioner”) hereby requests refund of the Inter Partes Review Post
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`Institution Fee in the amount of $14,000 to be paid to Petitioner’s credit card.
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`On November 7, 2016, Petitioner filed a Petition for Inter Partes Review of
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`claims 5-6, 8, 22-23, 26-28, and 30 of U.S. Patent No. 7,490,037 B2 with the
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`Patent Trial and Appeal Board that was assigned case number IPR2017-00212. In
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`accordance with the fee schedule specified in 37 C.F.R. § 42.15(a) Petitioner
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`submitted payment in the amount of $9,000 with the Board at the time of filing of
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`its Petition to cover fees associated with Petitioner’s Inter Partes Review request,
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`and a further $14,000 in Post-Institution fees.
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`On March 13, 2017, the Board issued a Decision denying institution of Inter
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`Partes Review (Paper No. 11). Accordingly, Petitioner requests refund of $14,000
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`for the post-institution fees paid to the USPTO in connection with the instant
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`proceeding. 78 Fed. Reg. 4211, 4233-34 (“The Office also chooses to return fees
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`for post-institution services should a review not be instituted. …The USPTO also
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`sets the inter partes review post-institution fee at $14,000 for a review of up to 15
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`claims. This fee would be returned to the petitioner if the Office does not institute a
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`review. Likewise, the Office sets a per claim fee of $400 for review of each claim
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`1
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`in excess of 15 during the post-institution trial. The entire post-institution fee
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`would be returned to the petitioner if the Office does not institute a review.”)
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`Dated: March 23, 2017
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`By: /Elisabeth Hunt/
`Elisabeth H. Hunt, Reg. No. 67,336
`Richard F. Giunta, Reg. No. 36,149
`Randy J. Prtizker, Reg. No. 35,986
`WOLF GREENFIELD & SACKS, P.C.
`600 Atlantic Ave., Boston, MA 02210-2206
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`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)(4)
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`I certify that on March 23, 2017, I will cause a copy of the foregoing
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`document to be served via electronic mail, as previously consented to by Patent
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`Owner, upon the following:
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`tdevlin@devlinlawfirm.com
`dwu@devlinlawfirm.com
`mmcclain@devlinlawfirm.com
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`/Virginia L. Weeks/
`Virginia L. Weeks, Paralegal
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`Date: March 23, 2017
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