`_______________
`
`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.,
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`Petitioner
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`v.
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`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
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`Patent Owner
`_______________
`IPR2018-00495
`U.S. Patent No. 7,239,111
`_______________
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
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`IPR2018-00495
`Patent No. 7,239,111
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`Petitioner LG Electronics, Inc., LG Electronics U.S.A. Inc., LG Electronics
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`Mobilecomm U.S.A. Inc., LG Electronics Mobile Research U.S.A. LLC, and LG
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`Electronics Alabama, Inc. (“Petitioner”) hereby files their request for a refund of the
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`$14,000 post-institution fee which was previously paid and totals an amount of
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`$14,000.
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`On January 15, 2018, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. 7,239,111 and paid the USPTO a total of $23,000, which included a
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`$9,000 payment for the inter partes review request fee and a $14,000 payment for
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`the post-institution fee.
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`The petition was granted a filing date of January 15, 2018. (Paper No. 5). On
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`August 9, 2018 the Board entered a Decision – Denying Inter Partes Review (Paper
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`No. 10). Accordingly, the inter partes review was never instituted.
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`Therefore, because the petition for inter partes review was filed after March
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`19, 2013, and the proceeding did not institute, Petitioner is entitled to request a
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`refund of the post-institution fee that was previously paid. See, e.g., 78 FR 4233
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`(Jan. 18, 2013)
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`available
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`at http://www.gpo.gov/fdsys/pkg/FR-2013-01-
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`18/pdf/2013-00819.pdf (“The entire post-institution fee would be returned to the
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`petitioner if the Office does not institute a review.”).
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`1
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2018-00495
`Patent No. 7,239,111
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`Petitioner hereby requests a refund of the $14,000 post-institution fee
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`previously paid by Petitioner. The refund may be deposited in Deposit Account No.
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`08-1394 of Haynes and Boone, LLP under attorney reference number 56690.00009.
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`Dated: June 20, 2019
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`Respectfully submitted,
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`/David L. McCombs/
`David L. McCombs
`Reg. No. 32,271
`Lead Counsel for Petitioner
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`2
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`IPR2018-00495
`Patent No. 7,239,111
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`CERTIFICATE OF SERVICE
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`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
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`Manner of service E-Mail:
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` FundamentalIPRs@irell.com
`hzhong@irell.com
`mfleming@irell.com
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`Documents served Petitioner’s Request for Refund of Post-Institution Fees
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`Persons served Hon Annita Zhong
`Michael Fleming
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067
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`/David L. McCombs/
`David L. McCombs
`Reg. No. 32,271
`Lead Counsel for Petitioner
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`3
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