`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`——————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`——————————
`
`Axis Communications AB, Canon Inc., and Canon U.S.A., Inc.,
`
`Petitioner,
`
`v.
`
`Avigilon Fortress Corporation,
`
`Patent Owner.
`——————————
`Case: IPR2019-00235
`U.S. Patent No. 7,868,912
`——————————
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`
`
`
`
`
`Case No. IPR2019-00235
`U.S. Patent No. 7,868,912
`On November 12, 2018, Axis Communications AB, Canon Inc., and Canon
`
`U.S.A., Inc. (“Petitioner”) filed a Petition for Inter Partes Review of U.S. Patent
`
`No. 7,868,912 (“the ’912 Patent”) and paid the USPTO a total of $47,000, which
`
`included a $15,000 inter partes review post-institution fee and a $12,000 inter
`
`partes review post-institution excess claim fee for review of claims 1-4 and 6-36 of
`
`the ’912 Patent (35 total claims).
`
`The Petition was afforded a filing date of November 12, 2018. (Paper 7).
`
`On June 4, 2019, the Board entered a decision denying institution of the requested
`
`inter partes review as to all challenged claims of the ’912 Patent. (Paper 19). On
`
`July 1, 2019, Petitioner filed a request for rehearing (Paper 20) and requested
`
`Precedential Opinion Panel (“POP”) review of the Board’s decision not to institute
`
`inter partes review (Ex. 3002). On January 9, 2020, Petitioner’s request for POP
`
`review was denied. On June 26, 2020, Petitioner’s request for rehearing was
`
`denied (Paper 24).
`
`Therefore, Petitioner hereby requests a refund of the $27,000 post-institution
`
`fees submitted with the Petition. See, e.g., 82 Fed. Reg. 52817 (Nov. 14, 2017).
`
`Petitioner respectfully requests that the Board credit the post-institution fees paid
`
`for the 35 challenged claims to Deposit Account No. 06-0916.
`
`
`
`1
`
`
`
`Dated: June 30, 2020
`
`
`By: /C. Gregory Gramenopoulos/
`C. Gregory Gramenopoulos
`Reg. No. 36,532
`
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER LLP
`
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Tel. 202.408.4263; Fax 202.408.4400
`
`gramenoc@finnegan.com
`
`Attorney for Petitioner
`Axis Communications AB
`
`
`Case No. IPR2019-00235
`U.S. Patent No. 7,868,912
`
` By: /Joseph A. Calvaruso/
`
`Joseph A. Calvaruso
` Reg. No. 28,287
`
`
` ORRICK, HERRINGTON & SUTCLIFFE
`
` LLP
`
`51 West 52nd Street
`
` New York, NY 10019-6142
` Tel. 212.506.5140; Fax 212.506.5151
`
`
`
`jcalvaruso@orrick.com
`
` Attorney for Petitioners
` Canon Inc. and Canon U.S.A., Inc.
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing Petitioner’s Request
`
`for Refund of Post-Institution Fees was served on June 30, 2020, via email
`
`directed to counsel of record for Patent Owner at the following:
`
`
`Reza Dokhanchy
`Adam R. Alper
`Akshay S. Deoras
`Kirkland & Ellis LLP
`555 California Street
`San Francisco, CA 94104
`reza.dokhanchy@kirkland.com
`adam.alper@kirkland.com
`akshay.deoras@kirkland.com
`
`Michael W. De Vries
`Kirkland & Ellis LLP
`333 Hope Street
`Los Angeles, CA 90071
`michael.devries@kirkland.com
`
`Avigilon_Axis@kirkland.com
`
`
`Date: June 30, 2020
`
`
`
`By: /William Esper/
`William Esper
`Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`
`
`
`
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