`United States Patent No. 7,915,631
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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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`VIZIO, INC.,
`Petitioner,
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`v.
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`NICHIA CORPORATION,
`Patent Owner
`____________
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`Case IPR2018-01100
`Patent 7,915,631
`____________
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`MOTION FOR REFUND OF POST-INSTITUTION FEES
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`VIZIO, Inc. (“Petitioner”) hereby requests a refund of the $15,000 post-
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`institution fee that they previously paid. Petitioner filed a petition for inter partes
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`review of U.S. Patent No. 7,915,631 on May 16, 2018, and paid the USPTO $30,500
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`on that date, including a $15,500 payment for the inter partes review request fee and
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`a $15,000 payment for the post-institution fee, as required by 37 C.F.R. §42.15(a)(2).
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`The Board granted the parties’ Joint Motion to Dismiss the inter partes review
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`petition on July 17, 2018 (Paper No. 10). Based on this dismissal of the inter partes
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`
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`IPR2018-01100
`United States Patent No. 7,915,631
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`review prior to institution, Petitioner is entitled to a refund of the post-institution fee.
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`See,
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`e.g.,
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`78
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`FR
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`4233
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`(January
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`18,
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`2013)
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`available
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`at
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`http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf (“if the review
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`is not instituted at all, the portion of the fee covering the trial would be returned”).
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`For at least the foregoing reasons, Petitioner hereby requests a refund of the $15,000
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`post-institution fee that it previously paid. The refund may be deposited in Account
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`No. 18-1945 under Order No. 112868-0001-658.
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`
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`Dated: July 19, 2018
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`Respectfully submitted
`ROPES & GRAY LLP
`By:
` /Gabrielle E. Higgins/
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`Gabrielle E. Higgins
`Reg. No. 38,916
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303
`Phone: +1-650-617-4015
`Fax: +1-617-235-9492
`gabrielle.higgins@ropesgray.com
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`Attorneys for Petitioner, VIZIO, INC.
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`2
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`IPR2018-01100
`United States Patent No. 7,915,631
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`CERTIFICATE OF SERVICE
`It is certified that a copy of Petitioner’s MOTION FOR REFUND OF POST-
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`INSTITUTION FEES has been served in its entirety by causing the aforementioned
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`document to be electronically mailed, pursuant to the Petitioner’s and Patent
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`Owner’s agreement, the following attorneys of record for the Patent Owner listed
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`below:
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`Catherine Nyarady
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019
`cnyarady@paulweiss.com
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`David E. Cole
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`2001 K Street, NW
`Washington, D.C. 20006-1047
`dcole@paulweiss.com
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`Attorneys for Nichia Corporation
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`Dated: July 19, 2018
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`Respectfully submitted,
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`By: /Crena Pacheco/
`Name: Crena Pacheco
`ROPES & GRAY LLP
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`3
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