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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`AMAZON.COM, INC. and AMAZON WEB SERVICES, INC.,
`Petitioners,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`_____
`
`Case IPR2017-01816
`U.S. Patent 5,870,087
`______________
`
`PETITIONERS’ REQUEST FOR REFUND OF FEES
`
`
`
`
`
`

`

`Case IPR2017-01816
`U.S. Patent 5,870,087
`
`
`
`Petitioners Amazon.com, Inc. and Amazon Web Services, Inc. (“Amazon”)
`
`respectfully requests a refund of the $14,000 post-institution fee that Amazon
`
`previously paid. Amazon filed a petition for inter partes review of U.S. Patent No.
`
`5,870,087 on July 18, 2017. At that time, Amazon paid the USPTO $23,000, which
`
`included a request fee of $9,000 and a post-institution fee of $14,000. On
`
`November 6, 2017, the Board granted the parties’ Joint Motion to Dismiss the
`
`Petition. See Paper 11.
`
`Based on the dismissal of the proceeding prior to the issuance of a decision
`
`whether to institute inter partes review, Amazon requests a refund in the amount of
`
`the post-institution fee that it paid for post-institution services. See 78 FR 4212,
`
`4233 (January 18, 2013), available at http://www.uspto.gov/sites/default/files/aia_
`
`implementation/AC54_Final_Rule_Setting78FR4212-2013JAN18.pdf (“The entire
`
`post-institution fee would be returned to the petitioner if the Office does not
`
`institute a review.”); FAQ E7, available at https://www.uspto.gov/sites/default/
`
`files/documents/PTAB%20E2E%20Frequently%20Asked%20Questions%20July
`
`%2011%202016.pdf (“[T]he petitioner may file in PTAB E2E a request for a
`
`refund of any post-institution fee paid.”).
`
`Accordingly, Amazon respectfully requests that the Board refund the
`
`$14,000 post-institution fee. The refund may preferably be (1) credited to the
`
`electronic fund transfer account ending in “240” of Petitioners’ counsel of record
`
`
`
`2
`
`

`

`
`or (2) payable by check to Petitioners’ counsel of record, as the account charged
`
`the post-institution fee is no longer active.
`
`Case IPR2017-01816
`U.S. Patent 5,870,087
`
`
`
`
`Date: November 15, 2017
`
`
`
`Respectfully Submitted,
`
` / Joseph F. Edell /
`Joseph F. Edell (Reg. No. 67,625)
`Lead Counsel for Petitioners
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3524
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`
`
`
`
`
`
`
`
`
`3
`
`

`

`Case IPR2017-01816
`U.S. Patent 5,870,087
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on November 15, 2017, a copy of the
`
`foregoing Petitioners’ Request for Refund of Fees was electronically served to
`
`Patent Owner at the correspondence email addresses of record as follows:
`
`Jason S. Angell (Reg. No. 51408)
`jangell@fawlaw.com
`
`Jing H. Cherng (Reg. No. 68,144)
`gcherng@fawlaw.com
`
`By: / Joseph F. Edell /
`
`Joseph F. Edell (Reg. No. 67,625)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3524
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`
`
`
`4
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`

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