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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`HTC CORPORATION, HTC AMERICA, INC., AND ZTE (USA), INC.
`
`Petitioners,
`
`v.
`
`AGIS SOFTWARE DEVELOPMENT LLC
`Patent Owner,
`
`
`
`
`
`
`
`
`Case No. IPR2019-00485
`Patent No. 8,213,970
`
`
`
`
`
`
`
`
`
`
`
`PETITIONERS’ REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
`
`
`
`
`
`
`
`
`
`

`

`PTAB Case No. IPR2019-00485
`Petitioners’ Request for Refund of Post-Institution Fees
`
`
`The petition for Inter Partes Review of U.S. Patent No. 8,213,970 (Case No.
`
`IPR2019-00485) was denied by a Decision issued by the PTAB on July 1, 2019
`
`(Paper No. 9). If a petition is denied, any post-institution fees paid by the
`
`Petitioners may be refunded.
`
`In view of the above circumstances, Petitioners hereby requests a refund in
`
`the total amount of $15,000.00 for the Inter Partes post-institution fees previously
`
`paid by Petitioners in connection with this proceeding.
`
`The determination of the above refund is based on the following. On
`
`December 20, 2018, Petitioners filed a petition for Inter Partes Review of claims 1
`
`and 3-9 of U.S. Patent No. 8,213,970 (IPR2019-00485, Paper No. 3), accompanied
`
`by a total payment of $30,500.00 in accordance with the fee schedule specified in
`
`37 C.F.R. § 42.15(a):
`
`Inter Partes review request fee:
`
`Inter Partes review request of each claim in excess of 20:
`
`Inter Partes review post-institution fee:
`
`Inter Partes review post-institution request of each claim
`in excess of 15:
`Total fees paid:
`
`$15,500.00
`
`$0.00
`
`$15,000.00
`
`$0.00
`
`$30,500.00
`
`
`
`
`
`2
`
`

`

`
`
`PTAB Case No. IPR2019-00485
`Petitioners’ Request for Refund of Post-Institution Fees
`
`Under the Board’s current practice, Petitioners are entitled to a refund of the
`
`above listed Inter Partes post-institution fees in the total amount of $15,000.00.
`
`Accordingly, Petitioners respectfully requests that the Board grant this
`
`request for refund of the Inter Partes post-institution fees and credit a refund in the
`
`amount of $15,000.00 to Petitioners’ Deposit Account No. 50-0665, charge
`
`number 062019-1063.8902.
`
`
`Dated: August 9, 2019
`
`
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`(858) 720-5700
`
`
`
` /Miguel J. Bombach/
`Lead Counsel
`Miguel J. Bombach (Reg. No. 68,636)
`Email: bombach-ptab@perkinscoie.com
`
`
`Back-Up Counsel
`Matthew C. Bernstein, Pro Hac Vice
`Email: mbernstein@perkinscoie.com
`Kyle R. Canavera (Reg. No. 72,167)
`Email: canavera-ptab@perkinscoie.com
`
`
`Attorneys for Petitioners HTC
`Corporation and HTC America, Inc.
`
`
`
`3
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`PTAB Case No. IPR2019-00485
`Petitioners’ Request for Refund of Post-Institution Fees
`
`
`Back-Up Counsel
`Lionel M. Lavenue (Reg. No. 46,859)
`Bradford C. Schulz (Reg. No. 75,006)
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
`11955 Freedom Drive,
`Reston, VA 20190-5675
`
`Cory C. Bell (Reg. No. 75,096)
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
`2 Seaport Ln, Boston, MA 02210
`
`
`Attorneys for Petitioner ZTE (USA), Inc.
`
`4
`
`

`

`PTAB Case No. IPR2019-00485
`Petitioners’ Request for Refund of Post-Institution Fees
`
`
`Certificate of Service (37 C.F.R. § 42.6(e)(4))
`
`
`
`I hereby certify that the attached PETITIONERS’ REQUEST FOR
`
`REFUND OF POST-INSTITUTION FEES was served as of the below date by
`
`electronic mail on the Patent Owner at the following correspondence address:
`
`Lead Counsel
`
`Vincent J. Rubino, III (Reg. No. 68,594)
`Brown Rudnick LLP
`7 Times Square New York, NY 10036
`Tel. 212-209-4800
`Fax. 212-209-4801
`vrubino@brownrudnick.com
`
`
`
`
`Back-Up Counsel
`
`Alfred R. Fabricant
`Brown Rudnick LLP
`7 Times Square New York, NY 10036
`Tel. 212-209-4800
`Fax. 212-209-4801
`afabricant@brownrudnick.com
`
`Peter Lambrianakos (Reg. No. 58,279)
`Brown Rudnick LLP
`7 Times Square New York, NY 10036
`Tel. 212-209-4800
`Fax. 212-209-4801
`plambrianakos@brownrudnick.com
`
`Enrique W. Iturralde (Reg. No. 72,883)
`Brown Rudnick LLP
`7 Times Square New York, NY 10036
`Tel. 212-209-4800
`Fax. 212-209-4801
`eiturralde@brownrudnick.com
`
`
`
`1
`
`

`

`
`Dated: August 9, 2019
`
`
`
`
`
`
`
`
`
`
`PTAB Case No. IPR2019-00485
`Petitioners’ Request for Refund of Post-Institution Fees
`
`Respectfully submitted,
`
` /Isaac C. Funk/
`Isaac C. Funk
`Paralegal Assistant
`PERKINS COIE LLP,
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`
`
`
`2
`
`

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