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UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`LG ELECTRONICS, INC., LG ELECTRONICS U.S.A. INC.,
`LG ELECTRONICS MOBILECOMM U.S.A. INC., LG ELECTRONICS
`MOBILE RESEARCH U.S.A. LLC, and LG ELECTRONICS ALABAMA, INC.,
`
`Petitioner
`
`v.
`
`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
`
`Patent Owner
`_______________
`IPR2018-00460
`U.S. Patent No. 8,624,550 B2
`_______________
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`

`

`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2018-00460
`Patent No. 8,624,550 B2
`
`Petitioner LG Electronics, Inc., LG Electronics U.S.A. Inc., LG Electronics
`
`Mobilecomm U.S.A. Inc., LG Electronics Mobile Research U.S.A. LLC, and LG
`
`Electronics Alabama, Inc. (“Petitioner”) hereby files their request for a refund of the
`
`$14,000 post-institution fee and the $1,200 excessive claim fee for three (3) claims
`
`in excess of fifteen (15) claims all of which were previously paid and total an amount
`
`of $15,200.
`
`On January 11, 2018, Petitioner filed a petition for inter partes review of U.S.
`
`Patent No. 8,624,550 B2 and paid the USPTO a total of $24,200, which included a
`
`$9,000 payment for the inter partes review request fee, $1,200 excessive claim fee
`
`for three (3) claims in excess of fifteen (15) claims, and a $14,000 payment for the
`
`post-institution fee.
`
`The petition was granted a filing date of January 11, 2018. (Paper No. 4). On
`
`June 28, 2018 the Board entered a Decision – Denying Inter Partes Review (Paper
`
`No. 9). Accordingly, the inter partes review was never instituted.
`
`Therefore, because the petition for inter partes review was filed after March
`
`19, 2013, and the proceeding did not institute, Petitioner is entitled to request a
`
`refund of the post-institution fee that was previously paid. See, e.g., 78 FR 4233
`
`(Jan. 18, 2013)
`
`available
`
`at http://www.gpo.gov/fdsys/pkg/FR-2013-01-
`
`18/pdf/2013-00819.pdf (“The entire post-institution fee would be returned to the
`
`petitioner if the Office does not institute a review.”).
`1
`
`

`

`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2018-00460
`Patent No. 8,624,550 B2
`
`Petitioner hereby requests a refund of the $15,200 post-institution fee
`
`previously paid by Petitioner. The refund may be deposited in Deposit Account No.
`
`08-1394 of Haynes and Boone, LLP under attorney reference number
`
`56690.00003US01.
`
`Dated: June 20, 2019
`
`Respectfully submitted,
`
`/David L. McCombs/
`David L. McCombs
`Reg. No. 32,271
`Lead Counsel for Petitioner
`
`2
`
`

`

`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2018-00460
`Patent No. 8,624,550 B2
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6, that service
`was made on the Patent Owner as detailed below.
`Date of service June 20, 2019
`
`Manner of service E-Mail:
`
` FundamentalIPRs@irell.com
`hzhong@irell.com
`mfleming@irell.com
`
`Documents served Petitioner’s Request for Refund of Post-Institution Fees
`
`Persons served Hon Annita Zhong
`Michael Fleming
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067
`
`/David L. McCombs/
`David L. McCombs
`Reg. No. 32,271
`Lead Counsel for Petitioner
`
`3
`
`

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