`United States Patent No. 7,915,631
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`VIZIO, INC.,
`Petitioner,
`
`
`v.
`
`NICHIA CORPORATION,
`Patent Owner
`____________
`
`Case IPR2018-01100
`Patent 7,915,631
`____________
`
`
`
`
`
`
`MOTION FOR REFUND OF POST-INSTITUTION FEES
`
`VIZIO, Inc. (“Petitioner”) hereby requests a refund of the $15,000 post-
`
`institution fee that they previously paid. Petitioner filed a petition for inter partes
`
`review of U.S. Patent No. 7,915,631 on May 16, 2018, and paid the USPTO $30,500
`
`on that date, including a $15,500 payment for the inter partes review request fee and
`
`a $15,000 payment for the post-institution fee, as required by 37 C.F.R. §42.15(a)(2).
`
`The Board granted the parties’ Joint Motion to Dismiss the inter partes review
`
`petition on July 17, 2018 (Paper No. 10). Based on this dismissal of the inter partes
`
`
`
`IPR2018-01100
`United States Patent No. 7,915,631
`
`review prior to institution, Petitioner is entitled to a refund of the post-institution fee.
`
`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 (“if the review
`
`is not instituted at all, the portion of the fee covering the trial would be returned”).
`
`For at least the foregoing reasons, Petitioner hereby requests a refund of the $15,000
`
`post-institution fee that it previously paid. The refund may be deposited in Account
`
`No. 18-1945 under Order No. 112868-0001-658.
`
`
`
`Dated: July 19, 2018
`
`
`
`
`
`
`
`
`Respectfully submitted
`ROPES & GRAY LLP
`By:
` /Gabrielle E. Higgins/
`
`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
`
`Attorneys for Petitioner, VIZIO, INC.
`
`2
`
`
`
`IPR2018-01100
`United States Patent No. 7,915,631
`
`
`CERTIFICATE OF SERVICE
`It is certified that a copy of Petitioner’s MOTION FOR REFUND OF POST-
`
`INSTITUTION FEES has been served in its entirety by causing the aforementioned
`
`document to be electronically mailed, pursuant to the Petitioner’s and Patent
`
`Owner’s agreement, the following attorneys of record for the Patent Owner listed
`
`below:
`
`Catherine Nyarady
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019
`cnyarady@paulweiss.com
`
`David E. Cole
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`2001 K Street, NW
`Washington, D.C. 20006-1047
`dcole@paulweiss.com
`
`Attorneys for Nichia Corporation
`
`
`Dated: July 19, 2018
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`By: /Crena Pacheco/
`Name: Crena Pacheco
`ROPES & GRAY LLP
`
`3
`
`
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