`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`APPLE INC.,
`Petitioner
`
`v.
`
`TRAXCELL TECHNOLOGIES, LLC
`
`Patent Owner
`
`_________________
`
`
`IPR2022-00073
`U.S. Patent No. 10,820,147
`
`
`
`
`
`
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`
`
`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2022-00073 (U.S. Patent 10,820,147)
`
`Petitioner Apple Inc. (“Petitioner”) hereby files its request for a refund of
`
`
`
`$24,000.00 for the post-institution fee which was previously paid, comprising the
`
`$22,500.00 inter partes review post-institution claim fee for up to twenty (20)
`
`claims, and $1,500.00, inter partes post-institution request of claim in excess of
`
`twenty (20).
`
`On October 22, 2021, Petitioner filed a petition for inter partes review of U.S.
`
`Patent No. 10,820,147 and paid the USPTO a total of $43,750.00, which included a
`
`$19,750.00 payment for the inter partes review request fee and a $24,000.00
`
`payment for the post-institution fee.
`
`The petition was granted a filing date of October 22, 2021. (Paper No. 3). On
`
`April 4, 2022, the Board entered a Decision – Settlement Prior to Institution of Trial
`
`(Paper No. 11). Accordingly, the inter partes review was never instituted.
`
`Therefore, because the petition to institute inter partes review was filed after
`
`March 19, 2013, and the proceeding did not institute, Petitioner is entitled to request
`
`a refund of the post-institution fee that was previously paid. See, e.g., 78 FR 4233
`
`(Jan. 18, 2013)
`
`available
`
`at http://www.gpo.gov/fdsys/pkg/FR-2013-01-
`
`18/pdf/2013-00819.pdf (“The entire post-institution fee would be returned to the
`
`petitioner if the Office does not institute a review.”).
`
`Petitioner hereby requests a refund of the $24,000.00 post-institution fee
`
`previously paid by Petitioner. The refund may be deposited in Deposit Account No.
`1
`
`
`
`
`
`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2022-00073 (U.S. Patent 10,820,147)
`
`
`08-1394 of Haynes and Boone, LLP under attorney reference number
`
`52959.98R147.
`
`Dated: April 21, 2022
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/David W. OBrien/
`David W. O’Brien
`Lead Counsel for Petitioner
`Registration No. 40,107
`
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Telephone: 512-867-8457
`Facsimile: 214-200-0853
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`Petitioner’s Request for Refund of Post-Institution Fee
`IPR2022-00073 (U.S. Patent 10,820,147)
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing “PETITIONER’S REQUEST FOR REFUND OF
`
`POST-INSTITUTION FEES” was served on the Patent Owner as detailed below:
`
`Date of service April 21, 2022
`Manner of service Electronic Mail
`
`Documents served Petitioner’s Request For Refund Of Post-Institution Fees
`
`Persons Served William P. Ramey, III
`RAMEY & SCHWALLER, LLP
`5020 Montrose Blvd., Ste. 800
`Houston, Texas 77006
`Email: wramey@rameyfirm.com
`uspto@rameyfirm.com
`
`
`Melissa D. Schwaller
`RAMEY & SCHWALLER, LLP
`5020 Montrose Blvd., Ste. 800
`Houston, Texas 77006
`Email: mschwaller@rameyfirm.com
`
`
`
`Respectfully submitted,
`
`/David W. OBrien/
`David W. O’Brien
`Lead Counsel for Petitioner
`Registration No. 40,107
`
`
`
`3
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
