`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GLOBALFOUNDRIES, INC.,
`Petitioner,
`v.
`
`Godo Kaisha IP Bridge 1,
`Patent Owner.
`
`IPR2017-00849
`Patent 7,126,174 B1
`
`
`
`MOTION FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`
`
`
`
`
`
`
`Before JUSTIN T. ARBES, MICHAEL J. FITZPATRICK, and
`
`JENNIFER MEYER CHAGNON, Administrative Patent Judges
`
`ARBES, Administrative Patent Judge
`
`
`Mail Stop “PATENT BOARD” Patent
`Trial and Appeal Board U.S. Patent
`and Trademark Office P.O. Box 1450
`Alexandria, VA 22313-1450
`Submitted Electronically via the Patent Review Processing System
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner hereby requests a refund of the $14,000 for the post-institution fee
`
`that was previously paid on February 3, 2017. Petitioner filed a petition for inter
`
`partes review of U.S. Patent No. 7,126,174 on February 3, 2017, and paid the
`
`USPTO $23,000 on that date which includes the $9,000 inter partes review request
`
`fee and the $14,000 post-institution fee, as required by 37 C.F.R.
`
`§42.15(a).
`
`
`
`On March 2, 2017, Petitioner filed an Unopposed Motion To Dismiss
`
`Petition For Inter Partes Review, (Paper No. 11). On March 10, 2017, the Board
`
`granted the motion and dismissed the petition, thereby terminating the proceeding.
`
`(Paper No. 12). Since this case was in the preliminary proceeding stage and no
`
`institution decision was rendered, Petitioner is entitled to a refund of the $ 14,000
`
`for the post institution fee. See e.g., 78 FR 4234 (January 18, 2013) available at
`
`http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf (“if the review
`
`is not instituted at all, the portion of the fee covering the trial would be returned”).
`
`For at least the foregoing reasons, Petitioner hereby requests a refund of the
`
`$14,000 post-institution fee that it previously paid.
`
`
`
`The refund may be deposited in GLOBALFOUNDRIES, Inc. Deposit
`
`Account No. 50-6826.
`
`
`
`Date: March 22, 2017
`
`
`
`
`
`Respectfully Submitted by:
`
` /Kent J. Cooper/
`Kent J. Cooper
`Reg. No. 37296
`Law Office of Kent J. Cooper
`9407 Scenic Bluff Drive
`Austin, TX 78733
`kent.cooper@kjcooperlaw.com
`
`Lead Counsel for Petitioner
`GLOBALFOUNDRIES, INC.
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true copy of the foregoing:
`
`Michael J. Fink (mfink@gbpatent.com); and
`Neil F. Greenblum (ngreenblum@gbpatent.com); and
`Arnold Turk (aturk@gbpatent.com)
`
`Respectfully submitted,
`
`By: /Kent J. Cooper/
`Kent J. Cooper
`Reg. No. 37296
`Law Office of Kent J. Cooper
`9407 Scenic Bluff Drive
`Austin, TX 78733
`kent.cooper@kjcooperlaw.com
`
`4
`
`MOTION FOR REFUND OF POST-INSTITUTION FEE
`
`was served by electronic mail on this 22nd day of March, 2017, upon Counsel for the
`Patent Owner, as follows:
`
`
`
`
`
`
`
`
`
`
`
`
`
`