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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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`CRUSOE ENERGY SYSTEMS, LLC,
`Petitioner,
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`v.
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`UPSTREAM DATA INC.,
`Patent Owner
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`Case PGR2023-00052
`Patent 11,574,372
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`______________________
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`Case No. PGR2023-00052
`Attorney Docket No: 54598-0001PS2
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`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
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`Adjusting Patent Fees, 78 Fed. Reg. 4212, 4232–4234 (Jan. 18, 2013), Petitioner
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`requests a refund in the amount of $49,550.00 to be paid to deposit account
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`number 06-1050.
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`On September 26, 2023, Petitioner filed a Petition for Post-Grant Review of
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`U.S. Patent No. 11,574,372 with the Patent Trial and Appeal Board that was
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`assigned case number PGR2023-00052. In accordance with the fee schedule
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`specified in 37 C.F.R. § 42.15(a), Petitioner deposited an electronic payment in the
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`amount of $29,975.00 with the Board at the time of filing of its Petition to cover
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`associated fees with Petitioner’s Post Grant review request, and a further
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`$49,550.00 in Post-Institution fees.
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`On March 29, 2024, the Patent Trial and Appeal Board entered a Decision
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`denying institution of this proceeding. Accordingly, Petitioner requests a refund in
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`the amount of $49,550.00 for the post-institution fees that it has paid to the USPTO
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`in connection with this proceeding.
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`1
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`Dated: 5/01/2024
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`Case No. PGR2023-00052
`Attorney Docket No: 54598-0001PS2
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`Respectfully submitted,
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`/Jia Zhu/
`John Phillips, Reg. No. 35,322
`Jia Zhu, Limited Rec. No. L1372
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`T: 858-678-5070
`F: 877-769-7945
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`Attorneys for Petitioner
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`2
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`Case No. PGR2023-00052
`Attorney Docket No: 54598-0001PS2
`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§42.6(e), the undersigned certifies that on May 1,
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`2024, a complete and entire copy of this Petitioner’s Request for Refund of Post-
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`Institution Fees was provided by email to the Patent Owner by serving the
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`correspondence email address of record as follows:
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`James M. Heintz
`Clayton Thompson
`DLA Piper LLP (US)
`11911 Freedom Drive, Suite 300
`Reston, VA 20190
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`Robert Anton Nissen
`Nissen Patent Law
`11044 82 Ave. N.W., Suite 401
`Edmonton, AB T6G 0T2
`CANADA
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`Email: jim.heintz@dlapiper.com
`clayton.thompson@dlapiper.com
`robbie@nissenlaw.ca
`DLA-Crusoe-Upstream-PGR@us.dlapiper.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
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