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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
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`Apex Tool Group LLC,
`Petitioner,
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`v.
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`Milwaukee Electric Tool Corporation,
`Patent Owner.
`_______________________
`
`Case No. PGR2020-00056
`Patent 10,422,617
`_______________________
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`PETITIONER’S REQUEST FOR REFUND
`OF POST-INSTITUTION FEES
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`i
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`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
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`PGR2020-00056
`U.S. Pat. No. 10,422,617
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`
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`Adjusting Patent Fees, 78 Fed. Reg. 4212, 4232–4234 (Jan. 18, 2013), Petitioner
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`Apex Tool Group, LLC. (“Apex”), requests a refund in the amount of $22,000.00
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`to be paid to deposit account number 502880. See also 82 Fed. Reg. 52780, 52790
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`(Nov. 14, 2017).
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`On April 10, 2020, Apex filed a Petition for Post-Grant Review of U.S.
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`Patent No. 10,422,617 with the Patent Trial and Appeal Board that was assigned
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`case number PGR2020-00056. In accordance with the fee schedule specified in 37
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`C.F.R. § 42.15(a), Petitioners deposited an electronic payment in the amount of
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`$16,000.00 with the Board at the time of filing of its Petition to cover fees
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`associated with Petitioner’s post-grant review request, and a further $22,000.00 in
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`post-institution fees.
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`On October 13, 2020, the Patent Trial and Appeal Board entered an Order
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`terminating the post-grant review based on the settlement agreement that resolved
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`this case. Accordingly, Apex requests a refund in the amount of $22,000.00 for the
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`post-institution fees that it has paid in connection with this proceeding. Apex
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`further request that this refund be deposited to account number 502880. If more
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`information is necessary to provide payment, please contact counsel listed below.
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`Date: October 14, 2020
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`
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`
`
`PGR2020-00056
`U.S. Pat. No. 10,422,617
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`Respectfully submitted,
`
`
`
`/Bradley W. Micsky/
`
`Bradley W. Micsky
`USPTO Reg. No. 57,790
`Carlson, Caspers, Vandenburgh, &
`Lindquist, P.A.
`225 South Sixth Street
`Minneapolis, MN 55402
`612-436-9600
`bmicsky@carlsoncaspers.com
`
`Attorney for Petitioner
`Apex Tool Group, LLC
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`2
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`CERTIFICATE OF SERVICE (37 C.F.R. §§42.6(e))
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`PGR2020-00056
`U.S. Pat. No. 10,422,617
`
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`of Petitioner’s Request for Refund of Post-Institution Fees is being served
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`electronically on October 14, 2020, in its entirety via email to counsel of record on
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`the following:
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`Patent Owner Lead Counsel
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`jason.white@morganlewis.com
`
`
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`Patent Owner Back Up Counsel
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`alexander.stein@morganlewis.com
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`Metco-617Patent-
`PGR@morganlewis.com
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`Respectfully submitted,
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`
`
`
`
`/Bradley W. Micsky/
`
`Bradley W. Micsky
`USPTO Reg. No. 57,790
`Carlson, Caspers, Vandenburgh, &
`Lindquist, P.A.
`225 South Sixth Street
`Minneapolis, MN 55402
`612-436-9600
`bmicsky@carlsoncaspers.com
`
`Attorney for Petitioner
`Apex Tool Group, LLC
`
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`Date: October 14, 2020
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