`
`
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`Filed on behalf of: VirnetX Inc.
`By:
`Joseph E. Palys
`
`Naveen Modi
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, L.L.P.
`11955 Freedom Drive
`Reston, VA 20190-5675
`Telephone: 571-203-2700
`Facsimile: 202-408-4400
`E-mail: joseph.palys@finnegan.com
`
` naveen.modi@finnegan.com
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`
`
`RPX CORPORATION
`Petitioner
`v.
`VIRNETX INC.
`Patent Owner
`
`
`
`Case IPR2014-00173
`Patent 7,490,151
`
`
`
`
`
`Patent Owner’s Requests for Production to RPX Corporation
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`VIRNETX EXHIBIT 2023
`RPX v. VirnetX
`Trial IPR 2014-00173
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`Page 1 of 5
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`Case No. IPR2014-00173
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`Patent Owner VirnetX Inc. requests that RPX Corporation respond and
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`produce the following documents and things.
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`INSTRUCTIONS
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`In responding to and producing documents and things responsive to these
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`requests, please comply with the instructions in the Office Patent Trial Practice
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`Guide.
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`1.
`
`Please timely amend your responses if you learn that your response is
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`incomplete or additional responsive information is found.
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`2.
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`All documents must be produced as they are kept in the usual course of
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`business, in the files or containers in which the responsive documents are
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`maintained, and in the order within each file or container in which such documents
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`are maintained; or all documents shall be organized and labeled to correspond with
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`the requests below.
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`3.
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`Identify any responsive documents and things you are aware of but cannot
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`produce because they have been lost or destroyed or are no longer in your
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`possession and the reason you cannot produce them.
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`4.
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`If, in answering these requests, you encounter any ambiguities when
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`construing a request, instruction, or definition, your response shall set forth the
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`matter deemed ambiguous and the construction used in responding.
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`1
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`Page 2 of 5
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`Case No. IPR2014-00173
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`For any document or thing withheld based upon a claim of privilege, please
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`5.
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`identify the ground of the asserted privilege and provide a privilege log according
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`to the requirements of Federal Rule of Civil Procedure 26.
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`DEFINITIONS
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`1.
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`The terms “document” and “thing” have the broadest meaning prescribed in
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`Federal Rule of Civil Procedure 34, including ESI and any physical specimen or
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`tangible item, in your possession, custody, or control.
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`2.
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`“Communications” shall mean the transmission or receipt of information of
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`any kind through any means (e.g., email, voicemail, audio, computer readable
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`media, or orally).
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`3.
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`The terms “you” and “RPX” mean RPX Corporation and includes any
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`agents, representatives, privies or others authorized to act on your behalf.
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`4.
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`“Apple” means Apple, Inc. and includes any agents, representatives, privies
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`or others authorized to act on Apple’s behalf.
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`5.
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`“RPX IPRs” refers to inter partes review Case Nos. IPR2014-00171,
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`IPR2014-00172,
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`IPR2014-00173,
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`IPR2014-00174,
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`IPR2014-00175,
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`IPR2014-00176, and IPR2014-00177.
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`6.
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`“Sidley Austin” means Sidley Austin LLP and includes any agents,
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`representatives, privies or others authorized to act on Sidley Austin’s behalf.
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`2
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`Page 3 of 5
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`Case No. IPR2014-00173
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`DOCUMENTS AND THINGS REQUESTED
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`REQUEST FOR PRODUCTION NO. 1
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`
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`REQUEST FOR PRODUCTION NO. 2
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`
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`Communications between you and Apple regarding the RPX IPRs, including
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`communications relating to challenging U.S. Patent Nos. 6,502,135; 7,418,504;
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`7,490,151; and 7,921,211 at the United States Patent and Trademark Office and
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`assistance with, filing, and/or preparation of any papers related to the RPX IPRs.
`
`REQUEST FOR PRODUCTION NO. 3
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`
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`
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`REQUEST FOR PRODUCTION NO. 4
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`Engagement agreements or
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`retainer agreements and corresponding
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`termination agreements between you and Sidley Austin relating to the RPX IPRs.
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`REQUEST FOR PRODUCTION NO. 5
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`Invoices received by you and/or documents relating to payments made by
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`you regarding the RPX IPRs, including invoices relating to challenging U.S. Patent
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`3
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`Page 4 of 5
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`Nos. 6,502,135; 7,418,504; 7,490,151; and 7,921,211 at the United States Patent
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`Case No. IPR2014-00173
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`and Trademark Office, and assistance with, filing, and/or preparation of any papers
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`related to the RPX IPRs.
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`4
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`Page 5 of 5
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