`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`THE MANGROVE PARTNERS MASTER FUND, LTD., and APPLE INC.,
`Petitioners,
`
`v.
`
`VIRNETX INC.,
`Patent Owner
`____________________
`
`Case No. IPR2015-010461
`Patent No. 6,502,135
`____________________
`
`PETITIONERS’ OBJECTIONS TO EVIDENCE
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
`
`
`
`IPR2015-01046
`
`Petitioners’ Objections to Evidence
`
`Petitioners file and serve the following timely objections to evidence that
`
`Patent Owner served on March 21, 2016. See 37 C.F.R. § 42.64(b)(1).
`
`Exhibits 2048 and 2059 are objected to for lacking relevance. See Fed. R.
`
`Evid. (FRE) 401-403. For example, the portions of these exhibits cited by Patent
`
`Owner are irrelevant to whether Kiuchi discloses a claimed “[DNS] request” under
`
`any proposed construction. Exhibit 2048 is additionally irrelevant for containing
`
`testimony involving a different claim interpretation and different claim
`
`interpretation standard than the one at issue in this proceeding. See FRE 401-403.
`
`Exhibits 2049-2058 are objected to for lacking relevance. See FRE 401-
`
`403. For example, these exhibits do not support Patent Owner’s characterization
`
`or reliance on them.
`
`Exhibit 2061 is objected to for lacking relevance. See FRE 401-403. In
`
`addition, this exhibit is objected to as including numerous e-mails that are neither
`
`cited to, nor relied upon in Patent Owner's response.
`
`Dated: March 28, 2016
`
`Respectfully Submitted,
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`SIDLEY AUSTIN LLP
`Attorney for Petitioner Apple
`
`/Abraham Kasdan/
`Abraham Kasdan
`Reg. No. 32, 997
`WIGGIN & DANA LLP
`
`James T. Bailey
`Reg. No. 44,518
`THE LAW OFFICE OF JAMES. T. BAILEY
`Attorneys for Petitioner Mangrove
`
`
`
`IPR2015-01046
`
`Petitioners’ Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 28th day of March, 2016, a copy of the foregoing
`
`has been served in its entirety by e-mail on the following counsel of record for
`
`patent owner:
`
`Joseph E. Palys
`josephpalys@paulhastings.com
`
`Naveen Modi
`naveenmodi@paulhastings.com
`
`Dated: March 28, 2016
`
`Respectfully Submitted,
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`SIDLEY AUSTIN LLP
`Attorney for Pet’rApple Inc.
`
`/Abraham Kasdan/
`Abraham Kasdan
`Reg. No. 32, 997
`WIGGIN & DANA LLP
`
`James T. Bailey
`Reg. No. 44,518
`THE LAW OFFICE OF JAMES. T. BAILEY
`Attorneys for Pet’r The Mangrove
`Partners Master Fund, Ltd.