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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`YITA LLC,
`Petitioner
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`v.
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`MACNEIL IP LLC,
`Patent Owner
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`Case IPR2020-01138
`Patent 8,382,186
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`PETITIONER’S REQUEST FOR REFUND OF
`THE POST-INSTITUTION FEE
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2020-01138
`U.S. Patent No. 8,382,186
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
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`Adjusting Patent Fees, 78 Fed. Reg. 4,211, 4,233-34 (Jan. 18, 2013), Petitioner
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`requests a refund in the amount of $15,000.00 to be paid to deposit account
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`number 19-0036.
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`On June 30, 2020, Petitioner filed a Petition for Inter Partes Review seeking
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`review of claims 1-7 of U.S. Patent No. 8,382,186 (assigned case number
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`IPR2020-01138) (Paper 3). On January 13, 2021, the Board issued a Decision
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`Denying Institution of Inter Partes Review (Paper 17). Trial was never instituted in
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`this proceeding.
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`The Rules provide for a refund of the institution fee if the Board does not
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`institute trial. Payment of the $15,000.00 post-institution fee under 37 C.F.R. §
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`42.15(a)(2) in this proceeding was processed through PTAB E2E on June 30, 2020.
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`Relief requested:
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`Accordingly, Petitioner requests a refund in the amount of $15,000.00 for
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`the post-institution fee that it has paid to the USPTO in connection with this
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`proceeding.
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`- 1 -
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`Case IPR2020-01138
`U.S. Patent No. 8,382,186
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`Respectfully submitted,
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`LOWE GRAHAM JONES PLLC
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`Mark P. Walters (Reg. No. 46,050)
`Attorney for Petitioner
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`Date: January 28, 2021
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`701 5th Avenue, Suite 4800
`Seattle, WA 98104
`(206) 381-3300
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`- 2 -
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`Case IPR2020-01138
`U.S. Patent No. 8,382,186
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
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`foregoing PETITIONER’S REQUEST FOR REFUND OF THE POST-
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`INSTITUTION FEE was served electronically via e-mail on January 28, 2021, in
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`its entirety on the following counsel for Patent Owner:
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`David G. Wille (Lead Counsel)
`Chad C. Walters (Back-up Counsel)
`Clarke W. Stavinoha (Back-up Counsel)
`Jefferson Perkins (Back-up Counsel)
`david.wille@bakerbotts.com
`chad.walters@bakerbotts.com
`clarke.stavinoha@bakerbotts.com
`jperkins@perkinsip.com
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Stephen A. Merrill/
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`Stephen A. Merrill (Reg. No. 72,955)
`Attorney for Petitioner
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`Date: January 28, 2021
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`1100 New York Avenue, N.W.
`Washington, DC 20005-3934
`(202) 371-2600
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`16182561.docx
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