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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`VIRNETX, INC. AND SCIENCE APPLICATION INTERNATIONAL
`CORPORATION,
`Patent Owner
`
`Patent No. 7,921,211
`Issued: April 5, 2011
`Filed: August 17, 2007
`Inventors: Victor Larson, et al.
`Title: AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS
`USING SECURE DOMAIN NAMES
`____________________
`
`Inter Partes Review No. IPR2013-00398
`__________________________________________________________________
`
`PETITIONER’S UPDATE REGARDING THE CO-PENDING
`REEXAMINATION PROCEEDINGS
`
`
`
`
`
` Paper No. 11
`
`
`
`
`
`IPR2013-00398 – Update re: Reexamination Proceedings
`
`Pursuant to the Order issued by the Panel on August 14, 2013 in Paper No.
`
`8, Petitioner Apple Inc. (“Petitioner”) files this update regarding the status of co-
`
`pending reexamination proceedings concerning the patents that are the subject of
`
`IPR petitions filed by Apple.1 Petitioner will file updates every two weeks, to the
`
`extent there are changes in the status of the reexamination proceedings as
`
`identified below.
`
`U.S. Patent No. 6,502,135 (IPR2013-00348 & -00349)
`
`•
`
`•
`
`Related Proceedings: The ’135 patent is the subject of merged inter
`partes reexamination control Nos. 95/001,682 (filed by Petitioner) and
`95/001,679 (filed by Cisco).
`Status of the claims: All claims presently stand rejected under 35
`U.S.C. § 102 or § 103 based on one or more of the following primary
`references:
`o Aventail Connect v3.1/2.6 Administrator’s Guide
`o Aventail Connect v3.01/2.51 Administrator’s Guide
`o Aventail AutoSOCKS v2.1 Administrator’s Guide
`o Wang, Broadband Forum TR-025: Core Network Architecture
`Recommendations For Access to Legacy Data Networks over
`ADSL, Issue 1.0, September 1999
`
`
`1 Petitioner is filing a substantively identical document in each of the seven IPR
`
`proceedings: IPR2013-00348, IPR2013-00349, IPR2013-00354, IPR2013-00393,
`
`IPR2013-00394, IPR2013-00397, and IPR2013-00398.
`
`1
`
`
`
`
`IPR2013-00398 – Update re: Reexamination Proceedings
`
`o U.S. Patent No. 6,496,867 to Beser
`o BinGO! User’s Guide: Installation and Configuration, Version
`1.6, Document #71000B, Bintec Communications AG, March
`1999
`• Last Office Action: March 11, 2013: Non-Final Action.
`• Status of Proceeding: Patent Owner and Requestor each have filed
`comments on the March 11, 2013 Non-Final Action. The case is
`awaiting further action by the Examiner.
`
`
`
`U.S. Patent No. 7,490,151 (IPR2013-00354)
`
`• Related Proceedings: The ’151 patent is the subject of merged inter
`partes reexamination control Nos.: 95/001,714 (filed by Petitioner)
`and 95/001,697 (filed by Cisco).
`• Status of the Claims: All claims stand rejected under 35 U.S.C. § 102
`or § 103 based on one or more of the following primary references:
`o Aventail Connect v3.1/2.6 Administrator’s Guide
`o Aventail Connect v3.01/2.51 Administrator’s Guide
`o Aventail AutoSOCKS v2.1 Administrator’s Guide
`o Wang, Broadband Forum TR-025: Core Network Architecture
`Recommendations For Access to Legacy Data Networks over
`ADSL, Issue 1.0, September 1999
`o U.S. Patent No. 6,496,867 to Beser
`o BinGO! User’s Guide: Installation and Configuration, Version
`1.6, Document #71000B, Bintec Communications AG, March
`1999
`• Last Office Action: April 20, 2012: Non-Final Action.
`
`2
`
`
`
`
`IPR2013-00398 – Update re: Reexamination Proceedings
`
`• Status of Proceeding: Patent Owner and Requestor each have filed
`comments on the April 20, 2012 Non-Final Action. The case is
`awaiting further action by the Examiner.
`
`
`
`U.S. Patent No. 7,418,504 (IPR2013-00393 & -00394)
`
`• Related Proceeding: The ’504 patent is the subject of inter partes
`reexamination control No. 95/001,788 (filed by Petitioner).
`• Status of the Claims: All claims stand rejected under 35 U.S.C. § 102
`or § 103 based on one or more of the following primary references:
`o Solana, E. et al., Flexible Internet Secure Transactions Based
`on Collaborative Domains, Lecture Notes in Computer Science,
`Vol. 1361, at 37-51 (1997)
`o U.S. Patent No. 6,557,037 to Provino
`o U.S. Patent No. 6,496,867 to Beser
`o Atkinson, R., IETF RFC 2230, Key Exchange Delegation
`Record for the DNS (Nov. 1997)
`o Eastlake, D. et al., IETF RFC 2538, Storing Certificates in the
`Domain Name System (DNS) (Mar. 1998)
`• Last Office Action: June 25, 2013: Right of Appeal Notice.
`• Status of Proceeding: Patent Owner filed a notice of appeal on July
`25, 2013. Patent Owner also has filed petitions seeking to defer the
`deadline for filing its appeal brief, which is presently due on
`September 25, 2013.
`
`
`
`
`
`3
`
`
`
`
`IPR2013-00398 – Update re: Reexamination Proceedings
`
`U.S. Patent No. 7,921,211 (IPR2013-00397 & -00398)
`
`• Related Proceeding: The ’211 patent is the subject of inter partes
`reexamination control No. 95/001,789 (filed by Petitioner).
`• Status of the Claims: All claims stand rejected under 35 U.S.C. § 102
`or § 103 based on one or more of the following primary references:
`o Solana, E. et al., Flexible Internet Secure Transactions Based
`on Collaborative Domains, Lecture Notes in Computer Science,
`Vol. 1361, at 37-51 (1997)
`o U.S. Patent No. 6,557,037 to Provino
`o U.S. Patent No. 6,496,867 to Beser
`o Atkinson, R., IETF RFC 2230, Key Exchange Delegation
`Record for the DNS (Nov. 1997)
`o Eastlake, D. et al., IETF RFC 2538, Storing Certificates in the
`Domain Name System (DNS) (Mar. 1998)
`• Last Office Action: June 26, 2013: Right of Appeal Notice.
`• Status of Proceeding: Patent Owner filed a notice of appeal on July
`25, 2013. Patent Owner also has filed petitions seeking to defer the
`deadline for filing its appeal brief, which is presently due on
`September 25, 2013.
`
`
`
`Dated: August 28, 2013
`
`
`
`Respectfully Submitted,
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan (Reg No. 43,401)
`Sidley Austin LLP
`1501 K Street NW
`Washington, DC 20005
`jkushan@sidley.com
`
`
`4
`
`
`
`
`IPR2013-00398 – Update re: Reexamination Proceedings
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 28th day of August 2013, a copy of this Update
`
`Regarding the Reexamination Proceedings, has been served in its entirety by e-
`
`mail and Express Mail on the following counsel of record for patent owner:
`
`Joseph E. Palys (Reg. No. 46,508)
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`11955 Freedom Drive
`Reston, VA 20190-5675
`Phone: (571) 203-2700
`Fax: (202) 408-4400
`E-mail: joseph.palys@finnegan.com
`
`Naveen Modi (Reg. No. 46,224)
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: 202-408-4065
`Facsimile: 202-408-4400
`E-mail: naveen.modi@finnegan.com
`
`
`Dated: August 28, 2013
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`Page 1
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