`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2020-01723
`Patent 10,470,695
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`Case IPR2020-01723
`Attorney Docket No: 50095-0004IP2
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 Fed. Reg. 4212, 4232–4234 (Jan. 18, 2013), Petitioner,
`
`Apple Inc., requests a refund in the amount of $27,750 to be credited to Deposit
`
`Account Number 06-1050.
`
`On October 2, 2020, Petitioner filed a Petition for Inter Partes Review of
`
`U.S. Patent No. 10,470,695 with the Patent Trial and Appeal Board that was
`
`assigned case number IPR2020-01723. In accordance with the fee schedule
`
`specified in 37 C.F.R. § 42.15(a), Petitioner deposited an electronic payment in the
`
`amount of $21,625 for the filing fees, and $27,750 in post-institution fees, for a
`
`total of $49,375.
`
`On May 12, 2021, the Patent Trial and Appeal Board entered a Decision
`
`denying institution of this proceeding. Accordingly, Petitioner requests a refund in
`
`the amount of $27,750 for the post-institution fees that it has paid to the USPTO in
`
`connection with that proceeding and request that the refund be credited to Deposit
`
`Account No. 06-1050.
`
`
`
`
`Date: July 13, 2021
`
`
`
`
`
`Fish & Richardson P.C.
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`
`Respectfully submitted,
`
`/Dan Smith/
`W. Karl Renner, Reg. No. 41,265
`Dan Smith, Reg. No. 71,278
`Kenneth J. Hoover, Reg. No. 68,116
`
`
`
`2
`
`
`
`Case IPR2020-01723
`Attorney Docket No: 50095-0004IP2
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on July 13,
`
`2021, a complete and entire copy of this Petitioner Request for Refund of Post-
`
`Institution Fees was provided via email to the Patent Owner by serving the
`
`correspondence email address of record as follows:
`
`
`
`
`
`
`
`
`
`
`Joseph R. Re
`Stephen W. Larson
`Jarom D. Kesler
`Shannon H. Lam
`Knobbe, Martens, Olson, & Bear, LLP
`2040 Main St., 14th Floor
`Irvine, CA 92614
`
`Email: AppleIPR2020-1722-695@knobbe.com
`
`
`
`
`
`
`
`/Edward G. Faeth/
`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(202) 626-6420
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`