`
`___________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________
`
`MICROSOFT CORPORATION,
`
`Petitioner,
`
`v.
`
`DAEDALUS BLUE, LLC,
`
`Patent Owner.
`
`____________________________________
`
`Case No. IPR2021-00832
`U.S. Patent No. 8,381,209
`___________________________________
`
`PETITIONER'S REQUEST FOR REFUND
`OF POST-INSTITUTION FEES
`
`
`
`Petitioner Microsoft Corporation (“Microsoft”) respectfully requests a refund
`
`of post-institution fees in the amount of $22,500.
`
`On May 7, 2021, Microsoft filed a Petition for Inter Partes Review of U.S.
`
`Patent No. 8,381,209 (“Petition”). As required by 37 C.F.R. § 42.15(a), Microsoft
`
`deposited $41,500 with the U.S. Patent and Trademark Office (“USPTO”) at the
`
`time of filing the Petition in order to cover associated fees. Microsoft’s payment
`
`consisted of $19,000 in fees associated with the Request for Inter Partes Review, and
`
`a further payment of $22,500 in post-institution fees.
`
`On November 8, 2021, the U.S. Patent Trial and Appeal Board issued a
`
`Decision Denying Institution of Inter Partes Review (Paper No. 11). Microsoft did
`
`not file a request for rehearing. Thus, inter partes review was not instituted.
`
`Accordingly, Microsoft requests a refund of the post-institution fees paid to the
`
`USPTO in connection with this proceeding, totaling $22,500, to be paid to deposit
`
`account 15-0665 (referencing Attorney Docket 9843.2153/2).
`
`Dated: December 8, 2021
`
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`/Don Daybell/
`By:
`Don Daybell
`Lead Counsel for Petitioner
`Reg. No. 50,877
`2050 Main Street, Suite 1100
`Irvine, CA 92614-8255
`T: (949) 567-6700
`F: (949) 567-6710
`Email: D2DPTABDocket@orrick.com
`1
`
`
`
`Jared Bobrow
`Pro Hac Vice to be submitted
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`T: (650) 614-7400
`F: (650) 614-7401
`Email: PTABDocketJ3B3@orrick.com
`Attorneys for Petitioner Microsoft Corporation
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on December 8, 2021, a copy of
`
`PETITIONER'S REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`was served in its entirety by filing through the Patent Trial and Appeal Board End
`
`to End System, as well as via electronic mail, upon the following attorneys of
`
`record for the Patent Owner:
`
`Lauren N. Robinson
`Brenda Entzminger
`BUNSOW DE MORY LLP
`701 El Camino Real
`Redwood City, CA 94063
`
`lrobinson@bdiplaw.com
`bentzminger@bdiplaw.com
`BDIP_DaedalusMsftIPR@bdiplaw.com
`
`Attorneys for Patent Owner Daedalus Blue, LLC
`
` /Karen Johnson/
` Karen Johnson
`
`3
`
`
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