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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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`ROKU, INC.,
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`Petitioner,
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`v.
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`CONVERGENT MEDIA SOLUTIONS LLC,
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`Patent Owner.
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`Case IPR2016-01762
`Patent 8,893,212 B2
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`PETITIONER'S REQUEST FOR REFUND OF
`POST-INSTITUTION FEES
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`PTAB Case No. IPR2016-01762
`Petitioner's Request for Refund of Post-Institution Fees
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`The petition for Inter Partes Review of U.S. Patent No. 8,893,212 B2 (Case
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`No. IPR2016-01762) was instituted by a Decision issued by the PTAB on March 3,
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`2017 (Paper No. 7). The proceeding has since been terminated due to settlement
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`by an Order issued by the PTAB on May 11, 2017 (Paper 14).
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`If the Board decides to institute a review for fewer claims than requested, the
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`petitioner may request a refund for the post-institution excess claim fees paid.
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`In light of the above circumstances, Petitioner hereby requests a refund in
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`the total amount of $400.00 for the Inter Partes post-institution excess claim fee
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`previously paid by Petitioner in connection with this proceeding.
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`The determination of the above refund is based on the following. On
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`September 8, 2016, Petitioner filed a petition for Inter Partes Review of claims
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`1-23 of U.S. Patent No. 8,893,212 B2 (IPR2016-01762, Paper No. 2), accompanied
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`by a total payment of $26,800.00 in accordance with the fee schedule specified in
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`37 C.F.R. § 42.15(a). On March 3, 2017, the Board decided to institute review for
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`claims 1-22. Accordingly, Petitioner is entitled to a refund for one post-institution
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`excess claim fee paid.
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`-1-
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`Inter Partes review request fee:
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`PTAB Case No. IPR2016-01762
`Petitioner's Request for Refund of Post-Institution Fees
`$9,000.00
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`Inter Partes review request of each claim in excess of 20:
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`Inter Partes review post-institution fee:
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`$600.00
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`$14,000.00
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`Inter Partes post-institution request of each claim in excess of 15:
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`$3,200.00
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`Total fees paid:
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`$26,800.00
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`Under the Board’s current practice, Petitioner is entitled to a refund of the
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`above listed Inter Partes post-institution excess claim fee in the total amount of
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`$400.00.
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`Accordingly, Petitioner respectfully requests that the Board grant this
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`request for refund of the Inter Partes post-institution fees, and credit a refund in
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`the amount of $400.00 to Petitioner's EFT account, or Deposit Account No.
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`50-0665.
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`Dated: July 31, 2017
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`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`Respectfully submitted,
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` /Chun M. Ng/
`Lead Counsel
`Chun M. Ng, Reg. No. 36,878
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`Back-up Counsel
`Matthew C. Bernstein, Pro Hac Vice
`Patrick J. McKeever, Reg. No. 66,019
`Vinay P. Sathe, Reg. No. 55,595
`Miguel J. Bombach, Reg. No. 68,636
`Kevin E. Kantharia, Reg. No. 71,071
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`Attorneys for Roku, Inc.
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`-2-
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`PTAB Case No. IPR2016-01762
`Petitioner's Request for Refund of Post-Institution Fees
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing
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`PETITIONER'S REQUEST FOR REFUND OF POST-INSTITUTION FEES has
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`been served in its entirety this 31st day of July, 2017 by electronic mail on the
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`Patent Owner via its attorneys of record:
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`LEAD COUNSEL
`Matthew C. Juren
`Registration No. 68,233
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 806-3816
`Email: matthew@nelbum.com
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`CMS-IPR@nelbum.com
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`Dated: July 31, 2017
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`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`BACK-UP COUNSEL
`Barry J. Bumgardner
`Registration No. 38,397
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-3494
`Email: barry@nelbum.com
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`Respectfully submitted,
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` /Chun M. Ng/
`Lead Counsel
`Chun M. Ng, Reg. No. 36,878
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`Back-up Counsel
`Matthew C. Bernstein, Pro Hac Vice
`Patrick J. McKeever, Reg. No. 66,019
`Vinay P. Sathe, Reg. No. 55,595
`Miguel J. Bombach, Reg. No. 68,636
`Kevin E. Kantharia, Reg. No. 71,071
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`Attorneys for Roku, Inc.
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`-1-
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