throbber

`
`
`Filed on behalf of: SMR Automotive Systems USA, Inc.
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`
` SMR AUTOMOTIVE SYSTEMS USA, INC.,
`Petitioner
`
`v.
`
`
` MAGNA MIRRORS OF AMERICA, INC.,
`Patent Owner
`_______________________
`Case IPR2018-00533
`U.S. Patent No. 8,783,882
`_______________________
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEE
`
`
`
`
`

`

`Case IPR2018-00533
`U.S. Patent No. 8,783,882
`
`
`On January 25, 2018, SMR Automotive Systems, USA, Inc. (“Petitioner”)
`
`filed a Petition for Inter Partes Review (IPR2018-00533) seeking review of claims
`
`1-20 of U.S. Patent No. 8,783,882. Pursuant to 37 C.F.R. §42.15(a)(2) and (4),
`
`Petitioner’s paid fees totaling $33,500 which included a $18,000 payment for the
`
`post-institution fee.
`
`On July 13, 2018, the Patent Trial and Appeal Board (“the Board”) denied
`
`institution of the Petition. (Paper 10).
`
`Therefore, because the Petition for Inter Partes review was filed after March
`
`19, 2013, and the proceeding was not instituted, Petitioner is entitled to request a
`
`refund of the post-institution fee that was previously paid. See, e.g., 78 Fed. Reg.
`
`4212, 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.”).
`
`Upon review and approval of the request, Petitioner respectfully asks the
`
`Board to credit $18,000 to Petitioner’s by depositing such amount into PTO Deposit
`
`Account No. 506269 of Latham & Watkins LLP.
`
`
`
`
`
`
`
`
`
`
`
`Dated: October 17, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: / Charles H. Sanders /
`Charles H. Sanders (Reg. No. 47,053)
`charles.sanders@lw.com
`
`
`
`
`
`
`
`
`1
`
`

`

`Case IPR2018-00533
`U.S. Patent No. 8,783,882
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Latham & Watkins LLP
`John Hancock Tower, 27th Floor
`200 Clarendon Street
`Boston, MA 02116
`617.948.6000; 617.948.6001 (Fax)
`
`Jonathan M. Strang (Reg. No. 61,724)
`jonathan.strang@lw.com
`Latham & Watkins LLP
`555 Eleventh Street, NW, Ste. 1000
`Washington, DC 20004-1304
`202.637.2200; 202.637.2201 (Fax)
`
`
`
`
`
`Counsel for Petitioner
`SMR Automotive Systems USA, Inc.
`
`
`
`2
`
`

`

`Case IPR2018-00533
`U.S. Patent No. 8,783,882
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 17th day of October,
`
`2018, a true and correct copy of the foregoing Petitioner’s Request for Refund
`
`was served by electronic mail on Patent Owner’s lead and backup counsel at the
`
`following email addresses:
`
`
`
`
`Joseph A. Micallef (Reg. No. 39,772)
`jmicallef@sidley.com
`Scott M. Border (PHV pending)
`sborder@sidley.com
`SIDLEY AUSTIN LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`
`Stephanie P. Koh (PHV pending)
`skoh@sidley.com
`SIDLEY AUSTIN LLP
`1 South Dearborn
`Chicago, IL 60603
`
`
`Dated: October 17, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: / Charles H. Sanders /
`
`Charles H. Sanders (Reg. No. 47,053)
`charles.sanders@lw.com
`Latham & Watkins LLP
`John Hancock Tower, 27th Floor
`200 Clarendon Street
`Boston, MA 02116
`617.948.6000; 617.948.6001 (Fax)
`
`Counsel for Petitioner
`SMR Automotive Systems USA, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket