UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
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`
`
` Case No. 6:13-cv-351 (Eastern District of
`Texas)
`
`Plaintiffs,
`
`Defendant.
`
`
`Philip J. Wang (Bar No. 218349)
`Traci M. Keith (Bar No. 235828)
`WANG & CHANG
`255 California Street, Suite 525
`San Francisco, California 94111
`Phone: (415) 599-2828
`Fax: (415) 599-2829
`Email: phil@wangchanglaw.com
`
`traci@wangchanglaw.com
`
`Attorneys for Non-Party
`RPX Corporation
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`
`
`VirnetX Inc. et al.,
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`
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`
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`vs.
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`Microsoft Corporation,
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`NON-PARTY RPX CORPORATION’S OBJECTIONS AND RESPONSES TO
`SUBPOENA AD TESTIFICANDUM AND DUCES TECUM
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`
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`{00891012.DOC}
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`VIRNETX EXHIBIT 2018
`RPX v. VirnetX
`Trial IPR 2014-00173
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`Page 1 of 93
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`Non-party RPX Corporation (“RPX”) states its objections and responses to the subpoena
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`ad testificandum and duces tecum (the “Subpoena”) issued on behalf of VirnetX Inc.
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`(“Requesting Party”) in connection with VirnetX Inc. et al. v. Microsoft Corporation, Case No.
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`6:13-cv-351 (E.D. Tex.) (the “Action”)( and collectively with VirnetX Inc. et al. v. Apple Inc.,
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`Case Nos. 6:11-cv-563 and 6:12-cv-855 (E.D. Tex.), the “Underlying Litigation”). RPX reserves
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`the right to supplement any of its responses and/or objections set forth herein at any time in the
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`future.
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`GENERAL OBJECTIONS
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`1.
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`RPX objects to the Subpoena to the extent that it is unduly burdensome, overly
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`broad, not reasonably calculated to lead to the discovery of admissible evidence, and does not
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`comply with the admonition of Fed. R. Civ. P. 45(c)(1) that subpoenas to third parties should
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`“avoid imposing undue burden or expense on a person subject to the subpoena.”
`2.
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`RPX objects to the Subpoena on the ground that it is an impermissible attempt to
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`obtain discovery related to seven (7) petitions for inter partes review (“IPR”) filed in the United
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`States Patent and Trademark Office by RPX that challenge the validity of various VirnetX patents.
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`An IPR is a highly specialized administrative proceeding that has its own rules to provide limited
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`discovery, and allows discovery only where the parties agree or as authorized by a three-member
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`panel of administrative patent judges at the Patent Trial and Appeal Board (“PTAB”). The
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`Subpoena is clearly designed to circumvent the statutes, regulations, and practice guidelines
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`governing the limited discovery in an IPR and to obtain information related to the IPRs filed by
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`RPX. The Subpoena does not seek information relevant to the claims and defenses of any party to
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`the Action under whose authority it purports to issue.
`3.
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`RPX objects to the Subpoena on the ground that it violates the privacy and First
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`Amendment rights of freedom of association and freedom to petition the government of RPX and
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`its directors, offices, employees, and customers.
`4.
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`RPX objects to the Subpoena to the extent it is identical to or seeks the same
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`information as any discovery requests that have been served on current or former parties to the
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`{00891012.DOC}
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`1
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 2 of 93
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`Action or current or former parties to the Underlying Litigation, or which can be more readily
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`obtained from a party to the Underlying Litigation.
`5.
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`RPX objects to the Subpoena to the extent it calls for the production of documents
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`that are publicly available.
`6.
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`RPX objects to the Subpoena to the extent it calls for production of documents that
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`are not within the possession, custody, or control of RPX. RPX further objects to the Subpoena to
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`the extent it calls for documents that may be more readily obtained from another source.
`7.
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`RPX objects to the Subpoena on the ground that it purports to require RPX to
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`produce documents on January 13, 2014, 4 days prior to the date for which the deposition was
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`noticed.
`8.
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`RPX objects to the Subpoena to the extent that the timeframe for compliance is
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`unreasonable in light of the number and scope of the requests contained in the Subpoena.
`9.
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`RPX objects to the Subpoena to the extent it requires disclosure of privileged or
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`other protected matter, including but not limited to documents protected by the attorney-client
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`privilege and/or attorney work-product doctrine. The inadvertent production of documents
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`protected by any evidentiary or other privilege shall not be deemed a waiver of such privilege.
`10.
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`RPX objects to the Subpoena to the extent it calls for documents and/or testimony
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`containing trade secrets or other confidential research, development, or commercial information or
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`other sensitive or confidential information protected by constitutional, statutory, or common law
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`rights of privacy. RPX further objects to the Subpoena as it seeks disclosure of highly confidential
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`information that, if divulged, could harm RPX’s business interests and/or legal rights. RPX
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`further objects to the Subpoena to the extent it calls for information subject to any confidentiality
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`agreements or obligations, or any applicable court order. Requesting Party has not shown a
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`substantial need for such information and has not shown that RPX can produce documents without
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`undue hardship.
`11.
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`RPX objects to the Subpoena to the extent it seeks information beyond the scope of
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`permissible discovery under the Federal Rules of Civil Procedure, any local rule, or any court
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`order. RPX further objects to the Subpoena to the extent it seeks information that is neither
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`{00891012.DOC}
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 3 of 93
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`relevant to the subject matter of the litigation nor reasonably calculated to lead to the discovery of
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`admissible evidence.
`12.
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`RPX objects to the Subpoena to the extent that it is vague, ambiguous, indefinite,
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`duplicative, cumulative, unintelligible, or otherwise unclear as to the information it seeks. RPX
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`further objects to the Subpoena to the extent it purports to require non-Party RPX to identify and
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`interpret ambiguities in the Subpoena drafted by Requesting Party.
`13.
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`RPX objects to the Subpoena on the ground that it is overly broad, unduly
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`burdensome, or oppressive, particularly where the request for production and/or testimony is
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`unduly burdensome in light of the costs necessary to investigate and the confidential nature of the
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`information as weighed against the relevance of and Requesting Party’s accessibility to and need
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`for the requested information.
`14.
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`RPX objects to the Subpoena on the grounds that the cost of identifying, locating,
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`collecting, reviewing, and copying the documents, and other associated costs of production, as
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`well as the cost of identifying and preparing a witness to testify, will be substantial. RPX reserves
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`the right to request that Requesting Party reimburse RPX’s production costs, witness costs, and
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`attorneys’ fees, including the costs of producing a privilege log, assuming such a log is necessary.
`15.
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`RPX objects to the Subpoena to the extent it purports to require RPX to draw a
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`legal conclusion concerning the meaning or application of any terms or phrases used.
`16.
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`RPX objects to any form of production of electronically stored information that
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`imposes any differing or additional obligations from those set forth in the Federal Rules of Civil
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`Procedure.
`17.
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`RPX objects to the Subpoena to the extent it seeks electronically stored information
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`that is not reasonably accessible to RPX because of undue burden or cost. RPX further objects to
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`the Subpoena to the extent it seeks electronically stored information that is back-up data on the
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`grounds that it is not reasonably accessible to RPX.
`18.
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`RPX objects to the Subpoena to the extent it does not include reasonable temporal
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`and/or geographic limitations on the documents to be searched and produced.
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`{00891012.DOC}
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 4 of 93
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`19.
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`RPX objects to the Subpoena to the extent it would require RPX to produce
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`documents and/or provide testimony that may be subject to confidentiality agreements with third
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`parties.
`20.
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`RPX objects to the Subpoena to the extent that the Definitions and Instructions
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`contained therein will impose an undue burden or expense on RPX.
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`SPECIFIC OBJECTIONS
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`RPX hereby incorporates by reference each General Objection set forth above into each
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`Specific Objection. From time to time, a Specific Objection may repeat a General Objection for
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`emphasis or for some other reason. The failure to include any General Objection in any Specific
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`Objection shall not be interpreted as a waiver of any General Objection to that response. RPX
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`separately responds and objects to each Request as follows:
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`REQUESTS FOR PRODUCTION
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`REQUEST FOR PRODUCTION NO. 1:
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`Documents that describe, identify, refer to, or relate to the Company’s corporate structure
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`and organization, including organization charts.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 1:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 2:
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`Documents that describe, identify, refer to, or relate to the Company’s formation, including
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`any membership or partnership agreements and articles of formation.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 2:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`{00891012.DOC}
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`4
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 5 of 93
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 3:
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`Documents that describe, identify, refer to, or relate to the Company’s past or present
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`predecessors, successors, parents, subsidiaries, divisions, or joint-venture partners.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 3:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 4:
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`Documents that describe, identify, refer to, or relate to the Company’s organizers.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 4:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available. RPX further objects to this Request on the ground that
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`the term “organizers” is vague and undefined.
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`REQUEST FOR PRODUCTION NO. 5:
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`Documents that describe, identify, refer to, or relate to the Company’s shareholders and
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`each shareholder’s percentage ownership of the Company.
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`///
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`{00891012.DOC}
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 6 of 93
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 5:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is both unduly burdensome and impossible.
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`REQUEST FOR PRODUCTION NO. 6:
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`Documents that describe, identify, refer to, or relate to the Company’s officers, directors,
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`employees, attorneys, agents, representatives, and consultants.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 6:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available. RPX further objects to this Request on the ground that it
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`is so overbroad that it arguably calls for every single document in RPX’s possession, custody,
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`and/or control. RPX further objects to this Request to the extent it seeks information protected by
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`the attorney-client privilege, attorney work product doctrine, or any other applicable privilege.
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`REQUEST FOR PRODUCTION NO. 7:
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`Documents that describe, identify, refer to, or relate to the Company’s principle place of
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`business.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 7:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`{00891012.DOC}
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`6
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 7 of 93
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 8:
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`Documents that describe, identify, refer to, or relate to the Company’s corporate locations.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 8:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 9:
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`Documents that describe, identify, refer to, or relate to the Company’s business or industry.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 9:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request on the ground that it is so overbroad that it arguably calls for
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`every single document in RPX’s possession, custody, and/or control. RPX further objects to this
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`Request to the extent it seeks information protected by the attorney-client privilege, attorney work
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`product doctrine, or any other applicable privilege. RPX further objects to this Request to the
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`extent that, as RPX is a public company, the information sought is publicly available. RPX further
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`objects to this Request on the ground that the terms “business” and “industry” are vague and
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`undefined.
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`REQUEST FOR PRODUCTION NO. 10:
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`Documents that describe, identify, refer to, or relate to the Company’s source(s) of
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`funding.
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`{00891012.DOC}
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`7
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 8 of 93
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 10:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request on the ground that it seeks confidential commercial
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`information. RPX further objects to this Request to the extent that, as RPX is a public company,
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`the information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 11:
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`Documents that describe, identify, refer to, or relate to the Company’s source(s) of
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`revenue.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 11:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request on the ground that it seeks confidential commercial
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`information. RPX further objects to this Request to the extent that, as RPX is a public company,
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`the information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 12:
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`Documents that describe, identify, refer to, or relate to the Company’s source(s) and
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`amount of the Company’s capitalization.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 12:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`{00891012.DOC}
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`8
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 9 of 93
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`RPX further objects to this Request to the extent that, as RPX is a public company, the
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`information sought is publicly available.
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`REQUEST FOR PRODUCTION NO. 13:
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`Documents that describe, identify, refer to, or relate to any past or present positions in
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`Apple Inc. held by the Company, including: (i) the dates of each transaction; (ii) the number of
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`shares involved in each transaction; (iii) the dollar amount involved in each transaction; (iv) the
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`decision to conduct each transaction; (v) the reasons for conducting each transaction; (vi) the
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`identities of the individuals responsible for making the decision to conduct each transaction; (v)
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`[sic] the identities of the individuals responsible for conducting each transaction; and (vii) [sic]
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`any communications related to the decision to conduct each transaction.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 13:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent the information sought is in the possession,
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`custody, and/or control of Apple, a Party to the Action. RPX further objects to this Request on the
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`ground that it assumes facts.
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`REQUEST FOR PRODUCTION NO. 14:
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`Documents that describe, identify, refer to, or relate to any past or present positions
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`(including through derivative instruments) in VirnetX Holding Corporation held by the Company,
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`including: (i) the dates of each transaction; (ii) the number of shares involved in each transaction;
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`(iii) the dollar amount involved in each transaction; (iv) the decision to conduct each transaction;
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`(v) the reasons for conducting each transaction; (vi) the identities of the individuals responsible for
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`making the decision to conduct each transaction; (v) [sic] the identities of the individuals
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`responsible for conducting each transaction; and (vii) [sic] any communications related to the
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`decision to conduct each transaction.
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`///
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`{00891012.DOC}
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`9
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 14:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent the information sought is in the possession,
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`custody, and/or control of Requesting Party. RPX further objects to this Request on the ground
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`that it assumes facts.
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`REQUEST FOR PRODUCTION NO. 15:
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`Documents that describe, identify, refer to, or relate to the filing of and decision to file
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`petitions before the U.S. Patent and Trademark Office for the inter partes review of U.S. Patent
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`6,502,135.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 15:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent it seeks information protected by the attorney-
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`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request on the ground that it seeks confidential commercial information.
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`REQUEST FOR PRODUCTION NO. 16:
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`Documents that describe, identify, refer to, or relate to the filing of and decision to file
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`petitions before the U.S. Patent and Trademark Office for the inter partes review of U.S. Patent
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`7,490,151.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 16:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`{00891012.DOC}
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`10
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 11 of 93
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent it seeks information protected by the attorney-
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`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request on the ground that it seeks confidential commercial information.
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`REQUEST FOR PRODUCTION NO. 17:
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`Documents that describe identify, refer to, or relate to the filing of and decision to file
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`petitions before the U.S. Patent and Trademark Office for the inter partes review of U.S. Patent
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`7,921,211.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 17:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent it seeks information protected by the attorney-
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`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request on the ground that it seeks confidential commercial information.
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`REQUEST FOR PRODUCTION NO. 18:
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`Documents that describe identify, refer to, or relate to the filing of and decision to file
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`petitions before the U.S. Patent and Trademark Office for the inter partes review of U.S. Patent
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`7,418,504.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 18:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent it seeks information protected by the attorney-
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`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request on the ground that it seeks confidential commercial information.
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`REQUEST FOR PRODUCTION NO. 19:
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`Documents that describe identify, refer to, or relate to the engagement of and decision to
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`engage Howison & Arnott, L.L.P. to file the petitions for inter partes review.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 19:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent it seeks information protected by the attorney-
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`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request on the ground that it seeks confidential commercial information.
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`REQUEST FOR PRODUCTION NO. 20:
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`Documents that describe, identify, refer to, or relate to how the Company is paying its
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`legal fees, including its fee arrangement, and if the Company is not paying its legal fees,
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`documents that describe, identify, refer to, or relate to which individuals or entities are paying the
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`Company’s legal fees.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 20:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
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`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
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`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
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`RPX further objects to this Request to the extent it seeks information protected by the attorney-
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`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request on the ground that it seeks confidential commercial information.
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`REQUEST FOR PRODUCTION NO. 21:
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`Documents that describe, identify, refer to, or relate to the filings of, decisions to file, and
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`decisions to not file a petition before the U.S. Patent and Trademark Office for the inter partes
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`review of any other patent not listed above.
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 13 of 93
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 21:
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`In addition to the General Objections set forth above, which are expressly incorporated as
`
`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
`
`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
`
`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
`
`RPX further objects to this Request to the extent it seeks information protected by the attorney-
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`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request on the ground that it seeks confidential commercial information.
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`REQUEST FOR PRODUCTION NO. 22:
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`Documents that describe, identify, refer to, or relate to the Company’s relationship to
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`Apple, Inc., including the relationships of the Company’s past or present predecessors, successors,
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`parents, subsidiaries, divisions, joint-venture partners, organizers, officers, directors, agents,
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`attorneys, employees, representatives, or consultants to Apple, Inc., and the relationships of Apple
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`Inc.’s past or present predecessors, successors, parents, subsidiaries, divisions, joint-venture
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`partners, officers, directors, agents, attorneys, employees, representatives, or consultants to the
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`Company.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 22:
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`In addition to the General Objections set forth above, which are expressly incorporated as
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`if set forth fully herein, RPX objects to this Request as overly broad, unduly burdensome, and not
`
`reasonably calculated to lead to the discovery of admissible evidence in this action. RPX further
`
`objects to this Request as an impermissible attempt to circumvent the IPR discovery process.
`
`RPX further objects to this Request to the extent it seeks information protected by the attorney-
`
`client privilege, attorney work product doctrine, or any other applicable privilege. RPX further
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`objects to this Request to the extent the information sought is in the possession, custody, and/or
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`control of Apple, a Party to the Action. RPX further objects to this Request on the ground that it
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`assumes facts. RPX further objects to the Request on the ground that it violates privacy and First
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`Amendment rights, including but not limited to the rights of RPX’s employees and customers.
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`{00891012.DOC}
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`Non-Party RPX’s Response to VirnetX Subpoena
`Case No. 6:13-cv-351
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`Page 14 of 93
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`RPX further objects to this Request on the grou