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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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` ____________
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`SANDVINE CORPORATION AND SANDVINE INCORPORATED ULC,
`Petitioners
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`v.
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`PACKET INTELLIGENCE, LLC,
`Patent Owner.
`
`____________
`
`Case No. IPR2017-00450
`U.S. Patent No. 6,771,646
` ____________
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`PETITIONERS’ REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`Sandvine Corporation and Sandvine Incorporated ULC (“Petitioners”) filed a
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`petition for Inter Partes Review of seventeen (17) claims of U.S. Patent No.
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`6,771,646 on December 21, 2016 (Paper No. 2). At the time of filing, Petitioners
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`submitted a fee of $23,800.00, consisting of a $9,000.00 request fee, a $14,000.00
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`inter partes review post-institution fee, and $800.00 inter partes post-institution of
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`each claim in excess of 15 in accordance with 37 C.F.R. § 42.15(a). On November
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`17, 2017, the Board denied Petitioners’ request for rehearing (Paper No. 11) of the
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`Board’s decision denying institution of the inter partes review (Paper No. 8). In
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`view of the Board’s termination of this proceeding, Petitioner respectfully requests
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`a refund of the inter partes review post-institution fee of $14,800.00 that was
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`submitted with its petition pursuant to 37 C.F.R. § 42.15(a)(2) as set forth in the
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`Board’s Final Rule, Setting and Adjusting Patent Fees, 78 Fed. Reg. 4212, 4234-35
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`(Jan. 18, 2013) (authorizing refunds of post-institution fees for proceedings
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`terminated prior to institution). Petitioner requests that the refund be deposited in
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`Deposit Account No. 50-6159.
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`Dated: January 4, 2018
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`Respectfully submitted,
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` /s/ Eric A. Buresh
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`BY:
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`Eric A. Buresh, Reg. No. 50,394
`Mark C. Lang, Reg. No. 55,356
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`2
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`Kathleen D. Fitterling, Reg. No. 62,950
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`P: (913) 777-5600
`F: (913) 777-5601
`eric.buresh@eriseip.com
`mark.lang@eriseip.com
`kathleen.fitterling@eriseip.com
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`Abran J. Kean, Reg. No. 58,540
`5600 Greenwood Plaza Blvd., Suite 200
`Greenwood Village, CO 80111
`Phone: (913) 777-5600
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`ATTORNEYS FOR PETITIONERS
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`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on January 4, 2018,
`the foregoing Petitioners’ Request For Refund Of Post-Institution Fees was served
`electronically via e-mail on the following:
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`Steven W. Hartsell Reg. No: 58,788
`Skiermont Derby LLP
`2200 Ross Ave., Suite 4800W
`Dallas, Texas 75201
`Tel: (214) 978-6600
`Fax: (214) 978-6601
`packetintelligence@skiermontderby.com
`Lead Counsel for Patent Owner
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`Paul J. Skiermont
`Skiermont Derby LLP
`2200 Ross Ave., Suite 4800W
`Dallas, Texas 75201
`Tel: (214) 978-6600
`Fax: (214) 978-6601
`packetintelligence@skiermontderby.com
`Back-Up Counsel for Patent Owner
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`BY:
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`Alexander E. Gasser (Reg. No: 48,760)
`Skiermont Derby LLP
`2200 Ross Ave., Suite 4800W
`Dallas, Texas 75201
`Tel: (214) 978-6600
`Fax: (214) 978-6601
`packetintelligence@skiermontderby.com
`Back-Up Counsel for Patent Owner
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`Sadaf R. Abdullah
`Skiermont Derby LLP
`2200 Ross Ave., Suite 4800W
`Dallas, Texas 75201
`Tel: (214) 978-6600
`Fax: (214) 978-6601
`packetintelligence@skiermontderby.com
`Back-Up Counsel for Patent Owner
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` /s/ Mark C. Lang
`
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`Mark C. Lang, Reg. No. 55,356
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`ATTORNEYS FOR PETITIONERS
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`4
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