Paper No.
`Filed: March 21, 2016
`
`
`Filed on behalf of: VirnetX Inc.
`By:
`
`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1996
`Facsimile: (202) 551-0496
`E-mail: josephpalys@paulhastings.com
`
`Naveen Modi
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1990
`Facsimile: (202) 551-0490
`E-mail: naveenmodi@paulhastings.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`THE MANGROVE PARTNERS MASTER FUND, LTD. and APPLE INC.,
`Petitioner
`
`v.
`
`VIRNETX INC.
`Patent Owner
`
`__________________
`Case No. IPR2015-010461
`U.S. Patent No. 6,502,135
`
`__________________
`
`
`PATENT OWNER’S CURRENT LIST OF EXHIBITS
`
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
`
`
`Filed: March 21, 2016
`
`
`Filed on behalf of: VirnetX Inc.
`By:
`
`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1996
`Facsimile: (202) 551-0496
`E-mail: josephpalys@paulhastings.com
`
`Naveen Modi
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1990
`Facsimile: (202) 551-0490
`E-mail: naveenmodi@paulhastings.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`THE MANGROVE PARTNERS MASTER FUND, LTD. and APPLE INC.,
`Petitioner
`
`v.
`
`VIRNETX INC.
`Patent Owner
`
`__________________
`Case No. IPR2015-010461
`U.S. Patent No. 6,502,135
`
`__________________
`
`
`PATENT OWNER’S CURRENT LIST OF EXHIBITS
`
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
`
`
`
`Case No. IPR2015-01046
`Patent Owner’s Current List of Exhibits
`
`
`LIST OF EXHIBITS
`
`Description
`
`2003
`2004
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`Exhibit
`No.
`2001 Mangrove Partners Brochure, filed with the Securities and
`Exchange Commission, March 27, 2015
`2002 Mangrove Partners Schedule A, filed with the Securities
`and Exchange Commission,
`Cayman Islands Search Report of Mangrove Partners
`Form 13-F for Mangrove Partners, filed with the
`Securities and Exchange Commission, February 17, 2015
`Excerpt of Dictionary of Finance and Investment Terms,
`Fifth Edition
`Form 13-F for Mangrove Partners, filed with the
`Securities and Exchange Commission, May 15, 2015
`Schedule 13G filed with the Securities and Exchange
`Commission, for issuer Asta Funding, Inc., June 10, 2013
`Schedule 13G filed with the Securities and Exchange
`Commission, for issuer JGWPT Holdings, Inc.,
`November 8, 2013
`Schedule 13G filed with the Securities and Exchange
`Commission, for issuer JGWPT Holdings, Inc., December
`31, 2013
`Schedule 13G filed with the Securities and Exchange
`Commission, for issuer Asta Funding, Inc., December 31,
`2013
`Schedule 13G filed with the Securities and Exchange
`Commission, for issuer The First Marblehead
`Corporation, December 31, 2013
`Schedule 13G filed with the Securities and Exchange
`Commission, for issuer Asta Funding, Inc., December 31,
`2014
`Schedule 14A filed with the Securities and Exchange
`Commission, reporting Mangrove Partners Press Release,
`February 9, 2015
`Schedule 14A filed with the Securities and Exchange
`Commission, reporting Mangrove Partners Press Release,
`February 12, 2015
`2015 Hedge Fund Regulation (2nd Edition), Scott J Lederman,
`
`2010
`
`2011
`
`2012
`
`2013
`
`2014
`
`Previously
`Submitted
`X
`
`X
`X
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`
`
`Exhibit
`No.
`
`Case No. IPR2015-01046
`Patent Owner’s Current List of Exhibits
`
`Previously
`Submitted
`
`Description
`
`2016
`
`Chapter 2, Form Over Substance: Hedge Fund Structures
`EDGAR Search Results, Mangrove Partners Fund
`(Cayman), Ltd.
`EDGAR Search Results, Mangrove Partners Master Fund,
`Ltd.
`Cayman Islands Search Report of The Mangrove Partners
`Fund (Cayman), Ltd.
`Cayman Islands Search Report of The Mangrove Partners
`Master Fund, Ltd.
`Form D for Mangrove Partners Fund, L.P., filed with the
`Securities and Exchange Commission
`Complaint For Civil Extortion, Malicious Prosecution,
`and Unfair Business Practices Arising From U.S. Patent
`Laws, Allergan, Inc. v. Ferrum Ferro, Capital, LLC, case
`no. 8:15-cv-00992 (C.D. Cal. June 19, 2015)
`“New Hedge Fund Strategy: Dispute the Patent, Short the
`Stock,” The Wall Street Journal, April 7, 2015
`Cayman Islands Search Report of Hayman Credes Master
`Fund L.P.
`2024 Website of Maples and Calder, available at
`http://www.maplesandcalder.com/offices-
`contacts/cayman-islands/
`2025 Memorandum Opinion and Order in VirnetX Inc. v. Mitel
`Networks Corp. et al., Case No. 6:11-CV-00018 (E.D.
`Tex. Aug. 1, 2012)
`2026 Declaration of Dr. Fabian Monrose in IPR2014-00237
`2027 Glossary for the Linux FreeS/WAN Project
`Excerpts from McGraw-Hill Computer Desktop
`2028
`Encyclopedia (9th ed. 2001)
`2029 Microsoft’s Responsive Claim Construction Brief in
`VirnetX, Inc. v. Microsoft Corp., Case No. 6:07-CV-80
`(E.D. Tex. Jan. 20, 2009)
`2030 Defendants’ Responsive Claim Construction Brief in
`VirnetX Inc. v. Cisco Systems, Inc., et al., Case No. 6:10-
`CV-417 (E.D. Tex. Dec. 7, 2011)
`2031 Defendants’ Responsive Claim Construction Brief in
`VirnetX Inc. v. Mitel Networks Corp. et al., Case No.
`
`2017
`
`2018
`
`2019
`
`2020
`
`2021
`
`2022
`
`2023
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`X
`X
`
`X
`
`X
`
`X
`
`
`
`Case No. IPR2015-01046
`Patent Owner’s Current List of Exhibits
`
`Previously
`Submitted
`
`Description
`
`X
`
`X
`
`X
`
`X
`
`X
`X
`X
`X
`X
`X
`
`X
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6:11-CV-00018 (E.D. Tex. June 11, 2012)
`Plaintiff VirnetX Inc.’s Opening Brief in Support of Its
`Construction of Claims in VirnetX, Inc. v. Microsoft
`Corp., Case No. 6:07-CV-80 (E.D. Tex. Dec. 30, 2008)
`2033 Memorandum Opinion and Order in VirnetX, Inc. v.
`Microsoft Corp., Case No. 6:07-CV-80 (E.D. Tex. July
`30, 2009)
`2034 Memorandum Opinion and Order in VirnetX Inc. v. Mitel
`Networks Corp. et al., Case No. 6:11-CV-00018 (E.D.
`Tex. Aug. 1, 2012)
`Excerpts from Markman Hearing Transcript in Case No.
`6:10-CV-417 (E.D. Tex. Jan. 5, 2012)
`Response of Office Action in Reexamination, Control No.
`95/001,269, April 15, 2010
`Transcript of Teleconference of November 10, 2015
`Transcript of Teleconference of November 18, 2015
`Patent Owner’s Requests for Production
`Patent Owner’s Interrogatories
`Schedule D filed with the Securities and Exchange
`Commission
`Transcript of Teleconference of November 24, 2015
`2042
`2043 Declaration of Dr. Fabian Monrose
`2044 Memorandum Opinion and Order in VirnetX Inc. v. Cisco
`Systems, Inc. et al., Case No. 6:10-CV-417 (E.D. Tex.
`Apr. 25, 2012)
`2045 Office Action Response filed January 10, 2011, in
`application no. 11/839,987
`Transcript of Deposition of Dr. Roberto Tamassia in
`IPR2015-00810, IPR2015-00812
`Transcript of Deposition of Dr. Roch Guerin
`Transcript of Trial, Morning Session, VirnetX, Inc. v.
`Apple, Inc., Case No. 6:10-CV-417 (E.D. Tex. Nov. 5,
`2012)
`CONFIDENTIAL Mangrove Production Bates Numbered
`000001-000011
`Form 13-F for Mangrove Partners, filed with the
`
`Exhibit
`No.
`
`2032
`
`2035
`
`2036
`
`2037
`2038
`2039
`2040
`2041
`
`2046
`
`2047
`2048
`
`2049
`
`2050
`
`
`
`Case No. IPR2015-01046
`Patent Owner’s Current List of Exhibits
`
`Previously
`Submitted
`
`Description
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit
`No.
`
`2051
`
`2052
`
`2053
`
`2056
`
`2057
`
`2058
`
`2060
`
`2061
`
`2062
`
`2054
`2055
`
`Securities and Exchange Commission, August 14, 2015
`Form 13-F for Mangrove Partners, filed with the
`Securities and Exchange Commission, November 16,
`2015
`Form 13-F for Mangrove Partners, filed with the
`Securities and Exchange Commission, February 16, 2016
`RPX Client Relations, http://www.rpxcorp.com/rpx-
`client-relations (last visited Jan. 23, 2014)
`RPX Corp., Annual Report (Form 10-K) (Mar. 11, 2013)
`RPX Why Join, http://www.rpxcorp.com/why-join-rpx
`(last visited Jan. 24, 2014)
`Transcript filed in IPR2014-00946, IPR2014-00947,
`IPR2014-00948
`Schedule 13D, filed with the Securities and Exchange
`Commission on March 17, 2016, available at:
`http://www.sec.gov/Archives/edgar/data/1509432/000101
`359416000896/rpx13d-031716.htm
`Letter to RPX Corporation, filed with the Securities and
`Exchange Commission on March 17, 2016, available at:
`http://www.sec.gov/Archives/edgar/data/1509432/000101
`359416000896/rpxex991-031716.pdf
`2059 Office Action dated February 15, 2012 in inter partes
`reexamination control no. 95/001,679
`Right of Appeal Notice dated September 15, 2015 in inter
`partes reexamination control no. 95/001,679
`CONFIDENTIAL Mangrove Production Bates Numbered
`000012-000063
`CONFIDENTIAL Petitioner Mangrove Partner’s Master
`Fund Ltd.’s Objections and Responses to VirnetX
`Interrogatory No. 1
`
`
`
`Case No. IPR2015-01046
`Patent Owner’s Current List of Exhibits
`
`
`
`
`Respectfully submitted,
`
`
`
` /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`
`Counsel for VirnetX Inc.
`
`Dated: March 21, 2016
`
`
`
`
`
`Case No. IPR2015-01046
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
`
`counsel for Petitioners a true and correct copy of the foregoing Patent Owner’s
`
`Current List of Exhibits by electronic means on the date below at the following
`
`address of record:
`
`Abraham Kasdan (akasdan@wiggin.com)
`Wiggin and Dana LLP
`450 Lexington Avenue
`New York, NY 10017
`IP@wiggin.com
`
`James T. Bailey (jtb@jtbaileylaw.com)
`504 W. 136th St. #1B
`New York, NY 10031
`
`Jeffrey P. Kushan
`Scott Border
`Thomas A. Broughan III
`Sidley Austin LLP
`1501 K Street NW
`Washington, DC 20005
`iprnotices@sidley.com
`
`Respectfully submitted,
`
`
`
` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
`
`
`
`Dated: March 21, 2016
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