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IN THE UNITED STATES PATENT AND TRADEMARK
`OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`CISCO SYSTEMS, INC.
`Petitioner,
`
`v.
`
`REALTIME ADAPTIVE STREAMING, LLC
`Patent Owner.
`
`
`
`Case: IPR2018-01384
`U.S. Patent No. 8,934,535
`
`
`
`REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`
`
`1
`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
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`
`
`
`
`

`

`Petitioner Cisco Systems, Inc. hereby requests a refund of $17,400, which
`
`includes the post-institution fee that was previously paid by Petitioner. Petitioner
`
`filed a Petition for Inter Partes Review of claims 1-6, 8-12, 14-17, 19, 21, 22, and 24
`
`of U.S. Patent No. 8,934,535 on June 12, 2018, and paid the USPTO the $15,000
`
`inter partes review request fee, the $15,000 post-institution fee, and the $2,400, post-
`
`institution excess claims fee for nineteen claims in excess of fifteen as required by
`
`37 C.F.R. § 42.15(a) (2017).
`
`On October 16, 2018, the Board issued an Order Dismissing Petition. Because
`
`no institution decision was handed down and dismissal occurred during preliminary
`
`proceedings, Petitioner is entitled to a refund of $17,400.00 for the post-institution
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`fee and the post-institution excess claims fee. See 78 FED. REG. 4212, 4234 (Jan. 18,
`
`2013) (“[I]f the review is not instituted at all, the portion of the fee covering the trial
`
`would be returned.”).
`
`Petitioner therefore requests a refund of the $17,400.00 post-institution fee.
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`The refund may be deposited in Winston & Strawn LLP Deposit Account No.
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`50-1814.
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`
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`2
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`

`

`Dated: November 7, 2018
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`
`Andrew R. Sommer
`
`Reg. No. 53,932
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006-3817
`asommer@winston.com
`T: (202) 282-5000; F: (202) 282-5100
`Counsel for Petitioner Cisco Systems,
`Inc.
`
`3
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`
`
`

`

`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on
`
`November 7, 2018, a true and correct copy of the foregoing REQUEST FOR
`
`REFUND OF POST-INSTITUION FEE, was served via email to the following
`
`attorneys:
`
`Neil A. Rubin
`Reg. No. 67,030
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`nrubin@raklaw.com
`
`
`
`Kent Shum
`Reg. No. 61,117
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`kshum@raklaw.com
`
`/Louis L. Campbell/
`
`Louis L. Campbell
`
`Reg. No. 59,963
`WINSTON & STRAWN LLP
`275 Middlefield Rd., Suite 205
`Menlo Park, CA 94025
`llcampbell@winston.com
`T: (650) 858-6500; F: (650) 858-6550
`Counsel for Petitioner Cisco Systems,
`Inc.
`
`1
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`

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