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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`
`LG ELECTRONICS, INC and LG ELECTRONICS U.S.A. INC.,
`Petitioners
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner
`
`_________________
`
`
`IPR2021-00581
`U.S. Patent No. 6,411,941 B1
`
`_______________
`
`
`
`
`
`
`PETITIONERS’ REQUEST FOR REFUND OF POST-INSTITUTION FEES
`
`
`
`

`

`
`
`
`
`Petitioners’ Request for Refund of Post-Institution Fee
`IPR2021-00581 / Patent No. 6,411,941 B1
`
`Petitioners LG Electronics,
`
`Inc. and LG Electronics U.S.A.
`
`Inc.
`
`
`
`(“Petitioners”) hereby files their request for a refund of the $22,500.00 post-
`
`institution fee which was previously paid.
`
`On February 23, 2021, Petitioners filed a petition for inter partes review of
`
`U.S. Patent No. 6,411,941 B1 and paid the USPTO a total of $41,500.00, which
`
`included a $19,000.00 payment for the inter partes review request fee and a
`
`$22,500.00 payment for the post-institution fee.
`
`The petition was granted a filing date of February 23, 2021. (Paper No. 6). On
`
`June 10, 2021 the Board entered a Decision – Denying Inter Partes Review (Paper
`
`No. 16). Accordingly, the inter partes review was never instituted.
`
`Therefore, because the petition to institute inter partes review was filed after
`
`March 19, 2013, and the proceeding did not institute, Petitioners are entitled to
`
`request a refund of the post-institution fee that was previously paid. See, e.g., 78 FR
`
`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.”).
`
`Petitioners hereby request a refund of the $22,500.00 post-institution fee
`
`previously paid by Petitioners. The refund may be deposited in Deposit Account
`
`No. 08-1394 of Haynes and Boone, LLP under attorney reference number
`
`56690.30US01.
`
`
`
`1
`
`

`

`
`
`
`
`Petitioners’ Request for Refund of Post-Institution Fee
`IPR2021-00581 / Patent No. 6,411,941 B1
`
`Dated: June 28, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/David L. McCombs/
`David L. McCombs
`Lead Counsel for Petitioners
`Registration No. 32,271
`
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Telephone: 214-651-5533
`Facsimile: 214-200-0853
`
`
`2
`
`
`
`
`
`

`

`
`
`
`
`
`
`Petitioners’ Request for Refund of Post-Institution Fee
`IPR2021-00581 / Patent No. 6,411,941 B1
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing “PETITIONERS’ REQUEST FOR REFUND OF
`
`POST-INSTITUTION FEES” was served on the Patent Owner as detailed below:
`
`Date of service June 28, 2021
`Manner of service Electronic Mail to: ntpete@fitcheven.com;
`dgosse@fitcheven.com; PHenkelmann@fitcheven.com;
`ancora-ipr@fitcheven.com;
`ANCC0123IPR@brookskushman.com
`
`
`Documents served PETITIONERS’ REQUEST FOR REFUND OF POST-
`INSTITUTION FEES
`
`Persons Served Nicholas T. Peters
`David A. Gosse
`Paul B. Henkelmann
`FITCH, EVEN, TABIN & FLANNERY LLP
`120 South LaSalle Street, Suite 2100
`Chicago, IL 60603
`
`John P. Rondini
`Marc Lorelli
`BROOKS KUSHMAN P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`
`
`Respectfully submitted,
`
`/David L. McCombs/
`David L. McCombs
`Lead Counsel for Petitioners
`Registration No. 32,271
`
`
`
`
`
`3
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`

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