`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`SIRIUS XM RADIO INC.,
`Petitioner,
`v.
`FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER
`ANGEWANDTEN FORSCHUNG E.V.,
`Patent Owner.
`____________________
`
`Case IPR2018-00689
`Patent No. 6,993,084
`__________________________________________________________
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`
`
`
`
`Petitioner’s Refund Request
`IPR2018-00689 (U.S. Patent No. 6,993,084)
`
`
`Petitioner, Sirius XM Radio Inc., hereby files its request for refund of the
`
`$18,600 post-institution fees that were previously paid.
`
`On February 22, 2018, Petitioner filed its Petition for Inter Partes Review of
`
`U.S. Patent 6,993,084 and paid the USPTO a total of $32,900 for review of the 19
`
`claims. This included a $15,500 payment for the Inter Partes Review request fee)
`
`and a $17,400 payment for post-institution fee ($15,000 base plus $2,400 for 4
`
`claims in excess of 15). The PTAB’s Decision Denying Institution of Inter Partes
`
`Review was filed October 1, 2019 (Paper 25). Therefore, because the petition to
`
`institute Inter Partes Review was filed after March 19, 2013, and the proceedings
`
`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 (January 18, 2013) available at
`
`http://www.gpo.gov/fdsys/pkg/FR-2013-01- 18/pdf/2013-00819.pdf (“[t]he entire
`
`post-institution fee would be returned to the petitioner if the Office does not
`
`institute a review.”)
`
`1
`
`
`
`Petitioner’s Refund Request
`IPR2018-00689 (U.S. Patent No. 6,993,084)
`
`Respectfully submitted,
`
`
`
`
`
`/Jonathan S. Caplan/
`
`Jonathan S. Caplan (Reg. No. 38,094)
`Mark A. Baghdassarian
`Jeffrey H. Price (Reg. No. 69,141)
`Shannon Hedvat (Reg. No. 68,417)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.9488 Fax: 212.715.8000
`
`Dated: December 6, 2019
`
`
`
`(Case No. IPR2018-00689) Attorneys for Petitioner
`
`- 2 -
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Request for Refund was served on December 6,
`
`2019, by filing this document through the PTAB E2E System as well as delivering
`
`via electronic mail upon the following counsel of record for Petitioner:
`
`
`
`
`
`
`
`Ben J. Yorks (byorks@irell.com)
`Babak Redjaian (bredjaian@irell.com)
`David McPhie (dmcphie@irell.com)
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`FraunhoferIPRs@irell.com
`
`
`
`/Jonathan S. Caplan/
`
`Jonathan S. Caplan (Reg. No. 38,094)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.9488 Fax: 212.715.8000
`
`
`3
`
`
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