— ‘P112014-00171 to 00177
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`From:
`To:
`Cc:
`
`Subject:
`Re: RPX agree.-m:~.t modifications
`Date:
`Tuesday, C'Ct(Jl‘)&‘.-’ 22, 2013 7: 19:45 PM
`Attachments:
`2._o._13._1o_?2../uvme. RI’ Ad 5mtw.‘Ex9;m?e¢m
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`E.x;ecute(l.
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`VIRNETX EXHIBIT 2050
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`RPX v. Virnetx
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`Trial IPR201 4-001 73
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`

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`4
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`—l
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`IPR2014-00171 to 00177
`RPX CONFIDENTIAL
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`FIRST Al)lJENDl_iI\rt TO THE
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`Ml:‘.i\'lI3ERSl**lIP AND LICENSE AGREEMENT
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`This First Addendum to the Menibership and License Agreement (this "flderidurn”), dated October 22.
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`2013 (the “i_A_dde1ttlui’ii Effective Date”), is made by Apple Inc. ("l\4ei_r_ibcr“, “you_", or “your"’) and RPX
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`Corporation (“Rl3)_(", “_w_e_", or
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`as an addendum to the Membership and License Agreement entered
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`into by Member and RPX with an Effective Date of December I 1, 2008 (the “A,greemcn,t_”). Except as
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`expressly set forth herein, all capitalized terms shall have the meaning given in the Agreement.
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`WHERE/\S. the Parties desire to supplement the Agreement to further support RPX‘s efforts to promote
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`innovation and patent quality. as more fully set forth herein.
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`NOW. THEREFORE,
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`in accordance with Section 9.3 of the Agreement and in consideration of the
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`premises and mutual covenants herein and other good and valuable consideration,
`sufficiency of which are hereby acknowledged, the Parties agree as follows:
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`the receipt and
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`1. Promotion of Innovation and Patent Quality.
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`(a) RPX agrees that, for the period beginning on the Addendum Effective Date and ending on
`December i l. 2014, RPX will collect contributions to the liuiovation Promotion Fund (the
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`“f_u_ng”) from .\'lembcr and will use reasonable efforts to collect additional contributions
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`from other RPX rnernbers that are interested in participating in the Fund to promote
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`innovation and patent quality, which efforts might include (at l~U’X’s sole discretion) any of
`the following activities, whether performed directly by RPX or indirectly through third
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`parties at the direction or request of RPX:
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`ii)
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`Gatlietiii
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`g
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`4
`_
`D
`I
`p
`5
`p
`and analvzing data rclatina to costs iimosed on o eratinv com anies
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`through patent assertions by non—practicing entities;
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`(ii)
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`Filing with the United States Patent and Trademark Ofiice (“__lJ_S_ljT”()") requests
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`for reexamination. or pelilioiis for post grant, covered business method, or inter
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`panes review with respect to patents of questionable quality;
`8
`c
`l
`_
`£7
`P
`Educatin
`the general uublic and industry orou 5 about
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`‘iii
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`inefficiencics in the
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`current patent system and the impact of proposals for reforms:
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`(iv)
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`Conducting prior art searelics to assist with challenges against potentially invalid
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`patents, and developing databases or technologies to improve the efficiency of
`such searches; and
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`(V)
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`Creating mechanisms to increase transparency in the patent market.
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`As between Member and RPX. RPX will have complete control over any and all activities
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`undertaken pursuant
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`to this Section 1(a),
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`including complete control over the selection,
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`initiation, termination, and funding of the activities and the manner and method in which the
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`activities are undertaken,
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`the hiring of outside counsel or consultants. and all strategic
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`decisions in connection with any petitions or proceedings before the USPTO or otherwise.
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`Other than the rcpon described in Section l(b) below, RPX will have no obligation to
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`communicate with Member regarding the activities or to otherwise involve Member in any
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`2 — moon:
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`1
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`

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`IPR20l4-00171 to 00177
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`RPX COl\'HDl:‘N'l'lAL
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`way.
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`In no event will RPX disclose to \/{ember any nonpublic inl'ormati0n regarding any
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`planned or filed petitions or procecdii1gs bel‘ore the USPTO pursuant to Section 1.
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`(b) On or before the next anniversary of the Addendum Effective Date, RPX will deliver to
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`Licensee a report provic|in}__r_ an overview of the monies raised for the Fund and RPX’s
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`activities pursuant to Section 1 above.
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`_f~J Lfontributioiis.
`(‘ontribution‘“) for the Fund. and Member will pay such amount to RPX within thirty (30) days
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`l\-’l{‘..l]'ll)(:r will make a one-time lump sum contribution of US$500.000 (“Initial
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`following the Addendum l"*..lTective Date.
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`This payllteitt shall not have any effect on the
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`Mcmber’s Annual lV'1et11bersliip and l.icc.-nsc Fee for any year of the Tenn, and .\'leml)er hats no
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`ln no event
`obligation to make any additional contributions other than the Initial C'ontrib11tion.
`will Member be entitled to receive 21 refund of any amcnmts paid t.o RPX pursuant
`to this
`Addendum.
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`3. No Other Amendnient. Except as expressly al‘nt’_‘.I1(l{:(l herein, all rights, terms, conditions and
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`agreements in the Agreement shall remain in full force and etlcct.
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`IN WlTl\T.SS Wt-lT.Rl":01". the Parties have CZll.lSr'.'(l this ..t\ddcndurn to be executed and delivered by their
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`duly 'c1I.1ll)Ol‘lZt.‘.(l officers as ol'the z'ipplical>le date set forth below.
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`RPX C0.R.l’0RA'TI()_V
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`'
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`MF,.VIBF.R
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`__._t t
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`.\lame:
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`Title:
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`Date:
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`I
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`«L A
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`‘____
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`Name: David Melaugh
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`mle; Director, Pate_r_1t_Lltigation
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`__ _
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`,,;,,L,: _(_Dctober 22, 2013
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`2