`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`
`
`FITBIT, INC.,
`Petitioner,
`
`v.
`
`LOGANTREE LP,
`Patent Owner
`________________
`
`IPR2017-00256
`Patent 6,059,576
`
`________________
`
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`
`
`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2017-00256
`Patent No. 6,059,576
`
`Petitioner Fitbit, Inc. (“Petitioner”) hereby files its request for a refund of the
`
`$16,400 post-institution fee that was previously paid.
`
`On November 11, 2016, Petitioner filed a petition for inter partes review of
`
`U.S. Patent No. 6,059,576 and paid the USPTO a total of $25,600 for review of 21
`
`claims, which included a $9,200 payment for the inter partes review request fee
`
`(including $200 for the additional claim in excess of 20) and a $16,400 payment
`
`for the post-institution fee (including $2,400 for the six claims in excess of 15).
`
`The petition was granted a filing date of November 11, 2016 (Paper No. 4).
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`On April 7, 2017, the Board entered a Decision – Termination Decision Document
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`(Paper No. 8) in which the Board ordered that the Petition be dismissed.
`
`Accordingly, the inter partes review was never instituted.
`
`Therefore, because the petition to institute inter partes review was filed after
`
`March 19, 2013, and the proceeding did not institute, Petitioner is entitled to
`
`request a refund of the post-institution fee that was previously paid. See e.g.,78 FR
`
`4233 (January 18, 2013) available at
`
`http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf (“The entire
`
`post-institution fee would be returned to the petitioner if the Office does not
`
`institute a review.”).
`
`
`
`1
`
`
`
`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2017-00256
`Patent No. 6,059,576
`
`Petitioner hereby requests a refund of the previously-paid $16,400 post-
`
`institution fee. The refund may be deposited in Deposit Account No. 08-1394 of
`
`Haynes and Boone, LLP under attorney reference number 51539.3.
`
`
`
`Respectfully submitted,
`
`/Scott T. Jarratt/
`Scott T. Jarratt
`Counsel for Petitioner
`Reg. No. 70,297
`HAYNES AND BOONE, LLP
`Tel: (972) 739-8663
`
`
`Dated: April 12, 2017
`
`
`
`
`
`2
`
`
`
`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`CERTIFICATE OF SERVICE
`
`IPR2017-00256
`Patent No. 6,059,576
`
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
`
`service was made on the Patent Owner as detailed below.
`
`Date of service April 12, 2017
`
`Manner of service Electronic Mail
`
`Document served Petitioner’s Request for Refund of Post-Institution Fee
`
`William H. Mandir (wmandir@sughrue.com)
`Chandran B. Iyer (cbiyer@ sughrue.com)
`Carl J. Pellegrini (cpellegrini@sughrue.com)
`
`SUGHRUE MION PLLC
`c/o William H. Mandir.
`2100 Pennsylvania Ave NW
`Suite 800
`Washington, DC 20037
`
`
`
`/Scott T. Jarratt/
`Scott T. Jarratt
`Counsel for Petitioner
`Reg. No. 70,297
`HAYNES AND BOONE, LLP
`
`Persons served
`
`
`
`3
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