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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`———————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`———————
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`APPLE INC.,
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`Petitioner
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`v.
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`UNILOC 2017 LLC,
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`Patent Owner
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`———————
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`Case IPR2018-01027
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`Patent 8,712,723 B1
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
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`Petitioner’s Request for Refund of Post-Institution Fee
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`IPR2018-01027
`Patent No. 8,712,723 B1
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`Petitioner Apple Inc. (“Petitioner”) hereby files its request for a refund of the
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`$15,000 post-institution fee that was previously paid.
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`On May 4, 2018, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. 8,712,723 B1 and paid the USPTO a total of $30,500, which included a
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`$15,500 payment for the inter partes review request fee and a $15,000 payment for
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`the post-institution fee.
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`The petition was granted a filing date of May 4, 2018. (Paper No. 5). On
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`October 18, 2018 the Board entered a Decision – Denying Inter Partes Review
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`(Paper No. 8). On November 19, 2018 Petitioner filed a Request for Rehearing of
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`Institution Decision (Paper No. 9). On February 1, 2019, the Board subsequently
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`entered a Decision – Denying Petitioner’s Request for Rehearing (Paper No. 10).
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`Accordingly, the inter partes review was never instituted.
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`Therefore, because the petition to institute inter partes review was filed after
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`March 19, 2013, and the proceeding did not institute, Petitioner is entitled to request
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`a 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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`Petitioner hereby requests a refund of the $15,000 post-institution fee
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`previously paid by Petitioner. The refund may be deposited in Deposit Account No.
`1
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`Petitioner’s Request for Refund of Post-Institution Fee
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`08-1394 of Haynes and Boone, LLP under attorney reference number
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`IPR2018-01027
`Patent No. 8,712,723 B1
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`52959.49US06.
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`Dated: February 18, 2019
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`
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`Respectfully submitted,
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`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Reg. No. 50,271
`Lead Counsel for Petitioner
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`2
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`Petitioner’s Request for Refund of Post-Institution Fee
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`IPR2018-01027
`Patent No. 8,712,723 B1
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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 February 18, 2019
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`Manner of service Electronic Service by E-Mail
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`Documents served Petitioner’s Request for Refund of Post-Institution Fees
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`Persons served Ryan Loveless – ryan@etheridgelaw.com
`Brett Mangrum – brett@etheridgelaw.com
`James Etheridge – jim@etheridgelaw.com
`Jeffrey Huang – jeff@etheridgelaw.com
`ETHERIDGE LAW GROUP
`2600 E. Southlake Blvd., Ste. 120-324
`Southlake, TX 76092
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`Ray A. King – ray.king@unilocusa.com
`UNILOC USA, INC.
`7160 Dallas Parkway, Ste. 380
`Plano, TX 75024
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`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Reg. No. 50,271
`Lead Counsel for Petitioner
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`3
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