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`Paper No.
`Filed: January 15, 2015
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`Filed on behalf of Microsoft Corporation and VirnetX, Inc.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`MICROSOFT CORPORATION and APPLE INC.
`Petitioners
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`v.
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`VIRNETX, INC.
`Patent Owner
`____________
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`Case IPR2014-00404
`U.S. Patent No. 7,987,2741
`____________
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`JOINT REQUEST TO TREAT SETTLEMENT
`AGREEMENT AS BUSINESS CONFIDENTIAL
`UNDER 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`
`1
`Case IPR2014-00484 has been joined with this case.
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`IPR2014-00404
`U.S. Patent No. 7,987,274
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and the Board’s
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`email of January 13, 2015, authorizing the filing of this joint request, Petitioner
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`Microsoft Corporation (“Petitioner”) and Patent Owner VirnetX, Inc. (“Patent
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`Owner”), hereby jointly request that a true copy of the settlement agreement filed
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`concurrently herewith as Exhibit 2044 be treated as business confidential
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`information and be kept separate from the file of U.S. Patent No. 7,987,274 (“the
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`’274 Patent”). Exhibit 2044 is being submitted in the PRPS system as “Parties and
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`Board Only.” The Parties further request the Board to not make Exhibit 2044
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`available to any third party, except as provided for in 35 U.S.C. § 317(b) and 37
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`C.F.R. § 42.74(c).
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` Respectfully submitted,
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` /W. Karl Renner/
`W. Karl Renner
`Registration No. 41,265
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
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`Counsel for Petitioner
`Microsoft Corporation
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` Dated: January 15, 2015
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` /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1996
`Facsimile: (202) 551-0496
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`Counsel for Patent Owner
`VirnetX, Inc.
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`
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`IPR2014-00404
`U.S. Patent No. 7,987,274
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 15th day of January 2015, a copy of the
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`foregoing Joint Request to Treat Settlement Agreement as Business Confidential
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`Under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) was served by electronic mail
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`upon the following:
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`Counsel for Petitioner Microsoft Corporation:
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`W. Karl Renner
`Kevin E. Greene
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR38868-0003IP2@fr.com
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`Counsel for Petitioner Apple Inc.:
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`Jeffrey P. Kushan (jkushan@sidley.com)
`Joseph A. Micallef (jmicallef@sidley.com)
`Sidley Austin LLP
`1501 K Street NW
`Washington, DC 20005
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`Dated: January 15, 2015
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`Respectfully submitted,
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` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
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