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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`APPLE INC.,
`Petitioner
`
`v.
`
`MPH TECHNOLOGIES OY,
`Patent Owner
`
`
`
`Case IPR2019-00825
`U.S. Patent No. 9,762,397
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S REQUEST FOR REFUND OF
`THE POST-INSTITUTION FEE
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`

`

`
`
`Case IPR2019-00825
`U.S. Patent No. 9,762,397
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`
`
`Adjusting Patent Fees, 78 Fed. Reg. 4,211, 4,233-34 (Jan. 18, 2013), Petitioner
`
`Apple Inc. (“Petitioner”) requests a refund in the amount of $15,000.00 to be paid
`
`to deposit account number 19-0036.
`
`On March 29, 2019, Petitioner filed a Petition for Inter Partes Review
`
`seeking review of claims 1 and 2 of U.S. Patent No. 9,762,397 (assigned case
`
`number IPR2019-00825) (Paper 2). On November 6, 2019, the Patent Trial and
`
`Appeal Board declined to institute trial in this Inter Partes Review proceeding
`
`(Paper 7). On November 26, 2019, Petitioner filed a Request for Rehearing of
`
`Decision Denying Institution of Inter Partes Review (Paper 9). On February 10,
`
`2020, the Board denied Petitioner’s Request for Rehearing (Paper 10).
`
`The Rules provide for a refund of the institution fee if the Board does not
`
`institute trial. Payment of the $15,000.00 post-institution fee was processed
`
`through PTAB E2E on March 29, 2019.
`
`Relief requested:
`
`
`
`Accordingly, Petitioner requests a refund in the amount of $15,000.00 for
`
`the post-institution fee that it has paid to the USPTO in connection with this
`
`proceeding.
`
`- 1 -
`
`

`

`
`
`Case IPR2019-00825
`U.S. Patent No. 9,762,397
`
`
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Daniel S. Block/
`
`Daniel S. Block
`Attorney for Petitioner
`Registration No. 68,395
`
`
`
`
`Date: June 30, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 200005
`(202) 371-2600
`
`- 2 -
`
`

`

`
`
`Case IPR2019-00825
`U.S. Patent No. 9,762,397
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
`
`
`
`foregoing PETITIONER’S REQUEST FOR REFUND OF THE POST-
`
`INSTITUTION FEE was served electronically via e-mail on June 30, 2020, in its
`
`entirety on the following:
`
`
`
`James T. Carmichael (Lead Counsel)
`Carmichael IP, PLLC
`jim@carmichaelip.com
`MPH-IPRs@carmichaelip.com
`
`
`
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Daniel S. Block/
`
`Daniel S. Block
`Attorney for Petitioner
`Registration No. 68,395
`
`
`
`
`Date: June 30, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 200005
`(202) 371-2600
`
`15207935.1
`
`
`
`

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