`U.S. Patent No. 7,915,375
`Petitioner’s Request for Refund of Post-Institution Fee
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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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`VIZIO, Inc.
`Petitioner
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`v.
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`Nichia Corporation
`Patent Owner
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`Case No. IPR2017-00558
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
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`IPR2017-00558
`U.S. Patent No. 7,915,375
`Petitioner’s Request for Refund of Post-Institution Fee
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`Petitioner VIZIO, Inc. (“VIZIO”) hereby files its request for a refund of the
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`$14,000 post-institution fee that was previously paid by Petitioner in association
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`with the above-referenced proceeding.
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`On December 30, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. 7,915,375 and paid the USPTO a total of $23,000, which included $9,000
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`for the request fee and $14,000 for the post-institution fee.
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`On July 7, 2017, the Board entered its Decision on Institution (Paper No. 9),
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`in which the Board denied the petition and no inter partes review was instituted.
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`Therefore, because inter partes review was not instituted, Petitioner is entitled
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`to request a refund of the post-institution fee that was previously paid. See, e.g.,
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`U.S. Patent & Trademark Office, 78 Fed. Reg. 13, 4234 (Jan. 18, 2013) (37 C.F.R.
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`Pt. 1, 41 and 42) available at http://www.gpo.gov/fdsys/pkg/FR-2013-01-
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`18/pdf/2013-00819.pdf (“The Office also chooses to return fees for post-institution
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`services if a review is not instituted.”).
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`Petitioner American Express respectfully requests that the refund of the
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`$14,000 post-institution fee previously paid by Petitioner be deposited in Deposit
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`Account No. 503672 of White & Case LLP.
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`IPR2017-00558
`U.S. Patent No. 7,915,375
`Petitioner’s Request for Refund of Post-Institution Fee
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`Respectfully submitted,
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`David M. Tennant/
`David M. Tennant, Reg. No. 48,362
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`WHITE & CASE, LLP
`701 13th St. NW, #600
`Washington, DC 20005
`(202) 626-3684
`(202) 639-9355 (fax)
`dtennant@whitecase.com
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`Counsel for Petitioner VIZIO, Inc.
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`Date: August 10, 2017
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`IPR2017-00558
`U.S. Patent No. 7,915,375
`Petitioner’s Request for Refund of Post-Institution Fee
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6 and 42.300, I hereby certify that on this August
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`10, 2017, a copy of the foregoing Petitioner’s Request for Refund of Post-Institution
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`Fee was delivered via electronic mail to the attorney of record for the Patent Owner
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`at the following address:
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`Catherine Nyarady
`Paul, Weiss, Rifkind, Wharton & Garrison LLP
`cnyarady@paulweiss.com
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`The Patent Owner has agreed to electronic service in this proceeding.
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`Date: August 10, 2017
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`Respectfully submitted,
`/David M. Tennant/
`David M. Tennant
`White & Case LLP
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`Counsel for Petitioner VIZIO, Inc.
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