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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
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`CISCO SYSTEMS, INC.,
`
`Petitioner
`
`v.
`
`HEWLETT PACKARD ENTERPRISE COMPANY,
`
`Patent Owner
`
`———————
`
`Case IPR2017-01933
`
`Patent 8,478,799
`
`
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`
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2017-01933
`Patent No. 8,478,799
`
`Petitioner Cisco Systems, Inc. (“Petitioner”) hereby files its request for a
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`refund of the $21,200 post-institution fee that was previously paid.
`
`On August 11, 2017, Petitioner filed a petition for inter partes review of
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`U.S. Patent No. 8,478,799 and paid the USPTO a total of $32,800 for review of 33
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`claims, which included a $11,600 payment for the inter partes review request fee
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`($9,000 base fee plus $2,600 for the 13 claims in excess of 20) and a $21,200
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`payment for the post-institution fee ($14,000 base fee plus $7,200 for the 18 claims
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`in excess of 15).
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`The petition was granted a filing date of August 11, 2017 (Paper No. 5). On
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`March 16, 2018, the Board entered a Decision – Denying Institution of Inter Partes
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`Review (Paper No. 9). Accordingly, the inter partes review was never instituted.
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`Therefore, because the petition to institute inter partes review was filed after
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`March 19, 2013, and the proceeding did not institute, Petitioner is entitled to
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`request a refund of the post-institution fee that was previously paid. See e.g.,78 FR
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`4233 (January 18, 2013) available at
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`http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf (“The entire
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`post-institution fee would be returned to the petitioner if the Office does not
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`institute a review.”).
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`
`
`1
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2017-01933
`Patent No. 8,478,799
`
`Petitioner hereby requests a refund of the previously-paid $21,200 post-
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`institution fee. The refund may be deposited in Deposit Account No. 08-1394 of
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`Haynes and Boone, LLP under attorney reference number 43614.302.
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`
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`Dated: July 9, 2018
`
`
`
`
`
`Respectfully submitted,
`
`/David L. McCombs/
`David L. McCombs
`Counsel for Petitioner
`Reg. No. 32,271
`HAYNES AND BOONE, LLP
`Tel: (214) 651-5533
`
`
`
`
`2
`
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`
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`Petitioner’s Request for Refund of Post-Institution Fee
`
`
`IPR2017-01933
`Patent No. 8,478,799
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Petition for Inter Partes Review
`
`IPR2017-01933
`
`U.S. Patent No. 8,478,799
`
`
`§§§§§
`
`Cisco Systems, Inc.
`
`Petitioner
`v.
`Hewlett Packard Enterprise Co.,
`
`Patent Owner
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6, that service
`was made on the Patent Owner as detailed below.
`Date of service July 9, 2018
`
`Manner of service Electronic Service by E-Mail:
`bshelton@sheltoncoburn.com; srikala.p.atluri@hpe.com;
`IPRs@sheltoncoburn.com
`
`Documents served Petitioner’s Request for Post-Institution Fees
`
`Persons served Barry K. Shelton
`SHELTON COBURN LLP
`311 RR 620 S, Suite 205
`Austin, TX 78734
`
`Srikala P. Atluri
`HEWLETT PACKARD ENTERPRISE CO.
`1400 Liberty Ridge Drive, Suite 105
`Wayne, PA 19087
`
`/David L. McCombs/
`David L. McCombs
`Counsel for Petitioner
`Registration No. 32,271
`
`
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`3
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