`
`
`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
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`RPX CORPORATION
`Petitioner
`v.
`VIRNETX INC.
`Patent Owner
`
`
`
`Case IPR2014-00177
`Patent 7,418,504
`
`
`
`
`
`Patent Owner’s Interrogatories to RPX Corporation
`
`
`
`
`
`
`
`
`
`
`VIRNETX EXHIBIT 2024
`RPX v. VirnetX
`Trial IPR 2014-00177
`
`Page 1 of 5
`
`
`
`
`
`
`
`Case No. IPR2014-00177
`
`Patent Owner VirnetX Inc. requests that RPX Corporation serve written
`
`responses to these interrogatories.
`
`INSTRUCTIONS
`
`In responding to these interrogatories, please comply with the instructions in
`
`the Office Patent Trial Practice Guide.
`
`1.
`
`Please timely amend your responses if you learn that your response is
`
`incomplete or additional responsive information is found.
`
`2. Whenever you are asked to identify a communication, please: (a) summarize
`
`the subject matter of the communication; (b) state the date and location of the
`
`communication; and (c) identify the parties to the communication.
`
`3.
`
`If you object to a portion or an aspect of any interrogatory, state the grounds
`
`of your objection with specificity and respond to the remainder of the
`
`interrogatory.
`
`4.
`
`If, in answering these interrogatories, you encounter any ambiguities when
`
`construing a request, instruction, or definition, your response shall set forth the
`
`matter deemed ambiguous and the construction used in responding.
`
`5.
`
`For any information sought by an interrogatory that you withhold based
`
`upon a claim of privilege, please identify the ground of the asserted privilege and
`
`provide a privilege log according to the requirements of Federal Rule of Civil
`
`Procedure 26.
`
`1
`
`
`Page 2 of 5
`
`
`
`
`
`
`
`Case No. IPR2014-00177
`
`DEFINITIONS
`
`1.
`
`The terms “document” and “thing” have the broadest meaning prescribed in
`
`Federal Rule of Civil Procedure 34, including ESI and any physical specimen or
`
`tangible item, in your possession, custody, or control.
`
`2.
`
`“Communications” shall mean the transmission or receipt of information of
`
`any kind through any means (e.g., email, voicemail, audio, computer readable
`
`media, or orally).
`
`3.
`
`The terms “you” and “RPX” mean RPX Corporation and includes any
`
`agents, representatives, privies, or others authorized to act on your behalf.
`
`4.
`
`“Apple” means Apple, Inc. and includes any agents, representatives, privies,
`
`or others authorized to act on Apple’s behalf.
`
`5.
`
`“RPX IPRs” refers to inter partes review Case Nos. IPR2014-00171,
`
`IPR2014-00172,
`
`IPR2014-00173,
`
`IPR2014-00174,
`
`IPR2014-00175,
`
`IPR2014-00176, and IPR2014-00177.
`
`6.
`
`“Sidley Austin” means Sidley Austin LLP and includes any agents,
`
`representatives, privies, or others authorized to act on Sidley Austin’s behalf.
`
`7.
`
`“Howison & Arnott” means Howison & Arnott LLP and includes any
`
`agents, representatives, privies, or others authorized to act on Howison & Arnott’s
`
`behalf.
`
`2
`
`
`Page 3 of 5
`
`
`
`
`
`
`
`Case No. IPR2014-00177
`
`8.
`
`“Ashe” means “Ashe, P.C.” and includes any agents, representatives,
`
`privies, or others authorized to act on Ashe’s behalf.
`
`INTERROGATORY
`
`INTERROGATORY NO. 1
`
`Identify communications and/or agreements in Request for Production Nos.
`
`2-4 of Exhibit 2002 that were not reduced to writing.
`
`INTERROGATORY NO. 2
`
`
`
`
`
`INTERROGATORY NO. 3
`
`Identify communications between you and Sidley Austin regarding the RPX
`
`IPRs, including communications relating to the challenging of U.S. Patent Nos.
`
`6,502,135; 7,418,504; 7,490,151; and 7,921,211 at the United States Patent and
`
`Trademark Office and assistance with, filing, and/or preparation of any papers
`
`related to the RPX IPRs.
`
`INTERROGATORY NO. 4
`
`To the extent you do not produce materials from Sidley Austin, Howison &
`
`Arnott, or Ashe in response to Request for Production No. 5 of Exhibit 2002,
`
`3
`
`
`Page 4 of 5
`
`
`
`
`
`
`
`Case No. IPR2014-00177
`
`identify for that firm: each attorney that performed the work relating to the RPX
`
`IPRs, the number of hours spent by that attorney, and when that work was
`
`performed.
`
`4
`
`
`Page 5 of 5