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`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`CISCO SYSTEMS, INC.,
`
`Petitioner
`
`v.
`
`TRACBEAM, LLC
`
`Patent Owner
`
`———————
`
`Case IPR2018-01722
`
`Patent 7,525,484 B2
`
`
`
`
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`
`
`
`

`

`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2018-01722
`Patent No. 7,525,484
`
`Petitioner Cisco Systems, Inc. (“Petitioner”) hereby files its request for a
`
`refund of the $15,000 post-institution fee that was previously paid.
`
`On September 14, 2018, Petitioner filed a petition for inter partes review of
`
`U.S. Patent No. 7,525,484 B2 and paid the USPTO a total of $30,500, which
`
`included a $15,500 payment for the inter partes review request fee and a $15,000
`
`payment for the post-institution fee.
`
`The petition was granted a filing date of September 14, 2018. (Paper No. 3).
`
`On November 26, 2018 Petitioner filed an Unopposed Joint Motion to Dismiss
`
`Petition (Paper 6), authorized by the Board via email on November 16, 2018, to
`
`dismiss its IPR petition and terminate IPR2018-01722 regarding U.S. Patent No.
`
`7,525,484 B2 in which Patent Owner Tracbeam, LLC conferred. The Board
`
`subsequently entered an Order Dismissing the Proceeding (Paper 8), in which the
`
`Board terminated the proceeding as to all parties. Accordingly, the inter partes
`
`review was never instituted.
`
`Therefore, because the petition to institute inter partes review was filed after
`
`March 19, 2013, and the proceeding did not institute, Petitioner is entitled to request
`
`a refund of the post-institution fee that was previously paid. 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 (“The entire post-institution fee would be returned to the
`
`petitioner if the Office does not institute a review.”).
`1
`
`
`
`

`

`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2018-01722
`Patent No. 7,525,484
`
`Petitioner hereby requests a refund of the $15,000 post-institution fee
`
`previously paid by Petitioner. The refund may be deposited in Deposit Account No.
`
`08-1394 of Haynes and Boone, LLP under attorney reference number
`
`43614.320US01.
`
`Dated: January 28, 2019
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/David L. McCombs/
`David L. McCombs
`Counsel for Petitioner
`Reg. No. 32,271
`HAYNES AND BOONE, LLP
`Tel: (214) 651-5533
`
`
`
`
`2
`
`

`

`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2018-01722
`Patent No. 7,525,484
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Cisco Systems, Inc.
`
`Petitioner
`v.
`Tracbeam, LLC
`
`Patent Owner
`





`
`Petition for Inter Partes Review
`
`IPR2018-01722
`
`U.S. Patent No. 7,525,484 B2
`
`
`
`CERTIFICATE OF SERVICE
`
`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 January 28, 2019
`
`Manner of service Electronic Service by E-Mail: Sean@Dovel.com;
`Ssereboff@socalip.com
`
`Documents served Petitioner’s Request for Post-Institution Fees
`
`Persons served Sean A. Luner
`DOVEL & LUNER, LLP
`201 Santa Monica Blvd,, Suite 600
`Santa Monica, CA 90401
`
`Steven C. Sereboff
`SOCAL IP LAW GROUP LLP
`310 N. Westlake Blvd., Suite 120
`Westlake Village, CA 91362
`
`/David L. McCombs/
`David L. McCombs
`Counsel for Petitioner
`Registration No. 32,271
`
`
`
`
`
`
`
`
`3
`
`

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