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`Inter Partes Review No. IPR2018-01413
`Of US Patent No. 9,769,477
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________
`
`SONY CORPORATION AND
`POLYCOM, INC.
`Petitioners
`
`v.
`
`REALTIME ADAPTIVE STREAMING LLC
`Patent Owner
`____________
`
`Case No. IPR2018-01413
`Patent 9,769,477
` ____________
`
` ____________
` PETITIONERS’ REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
`
`

`

`
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`Petitioners Sony Corporation and Polycom, Inc. (“Petitioners”) filed a petition
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`Inter Partes Review No. IPR2018-01413
`Of US Patent No. 9,769,477
`
`for Inter Partes Review of twenty-nine (29) claims of U.S. Patent 9,769,477 on July
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`31, 2018 (Paper No. 1). At the time of filing, Petitioners submitted a fee of
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`$41,600.00, consisting of a $15,500.00 inter partes review request fee, a $2,700.00
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`excess claim request fee for the nine (9) claims in excess of twenty (20) claims, a
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`$15,000.00 inter partes review post-institution fee, and a $8,400.00 excess claim
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`post-institution fee for the fourteen (14) claims in excess of fifteen (15) claims, in
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`accordance with 37 C.F.R. § 42.15(a). On November 7, 2018, the parties jointly
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`requested termination of the proceedings (Paper No. 7). On January 2, 2019, the
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`Board granted the motion and terminated this proceeding prior to issuing any
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`institution decision (Paper No. 10). In view of the Board’s termination of this
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`proceeding prior to issuing an institution decision, Petitioners respectfully requests
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`a refund of the inter partes review post-institution fee of $23,400.00 that was
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`submitted with its petition pursuant to 37 C.F.R. § 42.15(a)(2) as set forth in the
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`Board’s Final Rule, Setting and Adjusting Patent Fees, 78 Fed. Reg. 4212, 4234-35
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`(Jan. 18, 2013) (authorizing refunds of post-institution fees for proceedings
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`terminated prior to institution). Petitioners requests that the refund be deposited in
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`Deposit Account No. 50-6159.
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`Inter Partes Review No. IPR2018-01413
`Of US Patent No. 9,769,477
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`Respectfully submitted,
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`Erise IP, P.A.
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`BY: /s/ Eric A. Buresh
`
`
`Eric A. Buresh, Reg. No. 50,394
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`P: (913) 777-5600
`F: (913) 777-5601
`eric.buresh@eriseip.com
`
`Abran J. Kean, Reg. No. 58,540
`5600 Greenwood Plaza Blvd., Suite 200
`Greenwood Village, CO 80111
`P: (913) 777-5600
`F: (913) 777-5601
`abran.kean@eriseip.com
`
`
`COUNSEL FOR PETITIONERS
`
`2
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`

`

`
`
`Inter Partes Review No. IPR2018-01413
`Of US Patent No. 9,769,477
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`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on January 21,
`2019 the foregoing Petitioners’ Request for Refund of Post-Institution Fees was
`served via electronic filing with the Board and via Electronic Mail on the following
`counsel of record for Patent Owner:
`
`Neil A. Rubin at nrubin@raklaw.com and rak_realtimedata@raklaw.com
`Kent Shum at kshum@raklaw.com,
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Floor
`Los Angeles, CA 90025
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`BY: /s/ Eric A. Buresh
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`Eric A. Buresh, Reg. No. 50,394
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`Abran J. Kean, Reg. No. 58,540
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`
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`COUNSEL FOR PETITIONERS
`
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`3
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`

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