`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC.
`Petitioner
`
`v.
`
`ATI TECHNOLOGIES ULC
`Patent Owner
`____________
`
`Case No.: IPR2017-01225
`Patent 8,760,454
`____________
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`725459261
`
`
`
`Pursuant to the Patent and Trademark Office's Final Rule Setting and
`
`Adjusting Patent Fees, 78 Fed. Reg. 4212, 4232-4234 (Jan. 18, 2013), Petitioner
`
`LG Electronics, Inc., requests a refund in the amount of $14,000.00 to be paid to
`
`deposit account number 130019. If the Office determines that LG Electronics,
`
`Inc. is entitled to a greater refund, LG Electronics, Inc. thereby requests the full
`
`amount be refunded.
`
`On April 3, 2017, LG Electronics, Inc. filed a Petition for Inter Partes
`
`Review of U.S. Patent No. 8,760,454 with the Patent Trial and Appeal Board that
`
`was assigned case number IPR2017-01225. In accordance with the fee schedule
`
`specified in 37 C.F.R. § 42.15(a), LG Electronics, Inc. deposited an electronic
`
`payment in the amount of $9,000.00 with the Board at the time of filing of its
`
`Petition to cover associated fees with the inter partes review request, and a
`
`further $14,000.00 in Post-Institution fees.
`
`On September 28, 2017, Petitioner LG Electronics, Inc. and Patent Owner
`
`ATI Technologies ULC (together, the “Parties”) jointly moved pursuant to 37
`
`C.F.R. § 42.74 to terminate this proceeding as a result of settlement. On September
`
`29, 2017,
`
`the Board granted the joint motion to terminate. At
`
`the time of
`
`termination, the Board had not made a decision on whether to institute inter partes
`
`review of the ’454 Patent. Accordingly, LG Electronics, Inc. requests a refund in
`
`the amount of the post-institution fees that it has paid to the USPTO in connection
`
`725459261
`
`2
`
`
`
`with that proceeding in accordance with 78 Fed. Reg. 4233 (stating that "[t]he
`
`entire post-institution fee would be returned to the petitioner if the Office does not
`
`institute a review.").
`
`Dated: October 2, 2017
`
`725459261
`
`3
`
`Respectfully submitted,
`
`/Robert G Pluta Reg No 50970 /
`Robert G. Pluta
`Reg. No. 50,970
`Amanda K. Streff
`Reg. No. 65,224
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: (312) 701-8641
`Fax: (312) 706-8144
`rpluta@mayerbrown.com
`astreff@mayerbrown.com
`
`Jamie B. Beaber
`(permission to file motion
`for pro hac vice admission
`to be sought)
`Bryan Nese
`Reg. No. 66,023
`MAYER BROWN LLP
`1999 K Street NW
`Washington, D.C. 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`jbeaber@mayerbrown.com
`bnese@mayerbrown.com
`
`Counsel for LG Electronics, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on October 2, 2017, a copy of the attached REQUEST
`
`FOR REFUND OF POST-INSTITUTION FEES together with all exhibits
`
`mentioned herein was served by UPS on the attorneys of record for the patent
`
`owner, with a courtesy copy of the petition by electronic mail to the attorneys of
`
`record in the co-pending litigation, at the following addresses:
`
`Attorneys of Record for Patent Owner:
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue N.W.
`Washington, DC 20005
`
`Attorneys of Record in Co-Pending ITC Litigation:
`
`Michael T. Renaud
`James M. Wodarski
`Michael J. McNamara
`William Meunier
`Adam S. Rizk
`Marguerite McConihe
`Cheng Xu
`Mintz Levin Cohn Ferris Glovsky and Popeo PC
`One Financial Center
`Boston, MA 02111
`
`Aarti Shah
`Mintz Levin Cohn Ferris Glovsky and Popeo PC
`701 Pennsylvania Ave. NW
`Suite 900
`Washington, DC 20004
`
`725459261
`
`
`
`Dated: October 2, 2017
`
`Respectfully submitted,
`
`By: /s/ Darlene Riley
`
`725459261
`
`2
`
`
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