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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`ALIGN TECHNOLOGY, INC.
`Petitioner
`
`v.
`
`3SHAPE A/S
`Patent Owner
`
`
`
`Case No. PGR2018-00104
`Patent No. 9,962,244
`
`
`
`
`PETITIONER ALIGN TECHNOLOGY, INC.’S
`REQUEST FOR REFUND OF FEES
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`
`

`

`Case PGR2018-00104
`U.S. Patent No. 9,962,244
`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
`
`Adjusting Patent Fees, 78 Fed. Reg. 4211, 4233-34 (Jan. 18, 2013), Align
`
`Technology, Inc. (“Petitioner”) requests a refund in the amount of $22,000 to be
`
`paid to deposit account number 19-0036.
`
`On October 26, 2018, Petitioner filed a Petition for Post Grant Review
`
`seeking review of U.S. Patent No. 9,962,244 (assigned case number PGR2018-
`
`00104) (Paper 2). On May 13, 2019, the Board denied institution.
`
`The Rules provide for a refund of the post-institution fee if the Board does
`
`not institute trial. Payment of the $22,000 post-institution fee under 37 C.F.R. §
`
`42.15(a)(2) was processed through PTAB E2E on October 26, 2018.
`
`Accordingly, Petitioner requests a refund of the post-institution fees of
`
`$22,000 that were previously charged to Deposit Account No. 19-0036 (Customer
`
`ID No. 45324) in connection with this proceeding.
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Petitioner
`
`
`Date: September 5, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`

`

`
`
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PETITIONER ALIGN
`
`TECHNOLOGY, INC.’S REQUEST FOR REFUND OF FEES was served
`
`electronically via e-mail on September 5, 2019, in its entirety on the following
`
`counsel of record for Patent Owner:
`
`
`Todd R. Walters (Lead counsel)
`Roger H. Lee (Backup counsel)
`Andrew Cheslock (Backup counsel)
`Mythili Markowski (Backup counsel)
`Adam R. Banes (Backup counsel)
`BUCHANAN INGERSOLL & ROONEY PC
`Todd.Walters@bipc.com
`Roger.Lee@bipc.com
`Andrew.cheslock@bipc.com
`mythili.markowski@bipc.com
`adam.banes@bipc.com
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Petitioner
`
`
`Date: September 5, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`13763446_1.docx
`
`
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`- 1 -
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`

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