`Filed: October 11, 2016
`
`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
`
`
`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
`
`
`
`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 IPR2015-010461
`Patent 6,502,135
`
`
`
`
`
`
`
`
`Patent Owner’s Motion to Seal
`
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
`
`
`
`
`
`
`
`
`
`I.
`
`
`Introduction
`
`
`
`Case No. IPR2015-01046
`
`Patent Owner VirnetX Inc. (“Patent Owner”) hereby moves to seal Patent
`
`Owner’s Request for Rehearing, in accordance with the default protective order
`
`filed by Petitioner Mangrove Partners Master Fund, Ltd. (“Petitioner Mangrove”)
`
`on March 3, 2016 (Paper No. 39). See 37 C.F.R. § 42.14, 42.54. Good cause
`
`exists for granting the instant motion to seal because Patent Owner’s Request for
`
`Rehearing contains information that has been designated as confidential during
`
`discovery by Petitioner Mangrove and that the Board has found to contain
`
`“confidential business information.” Paper No. 71 at 34.
`
`Patent Owner intends to ask Petitioner Mangrove what material it believes
`
`should be redacted from a public version of the Patent Owner’s Request for
`
`Rehearing. Once so indicated, Patent Owner will promptly file such paper after
`
`such filing has been authorized by the Board.
`
` Argument II.
`
`
`The standard governing the Board’s determination of whether to grant a
`
`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-00001, Paper No. 36
`
`(Apr. 5, 2013). In that regard, the Board must “strike a balance between the
`
`public’s interest in maintaining a complete and understandable file history and the
`
`parties’ interest in protecting truly sensitive information.” Id.
`
`Patent Owner’s Request for Rehearing includes information that Petitioner
`
` 1
`
`
`
`
`
`
`Mangrove has asserted as confidential during discovery and that the Board has
`
`Case No. IPR2015-01046
`
`found to contain “confidential business information.” Paper No. 71 at 34.
`
`Because the relevant information has been designated as confidential by
`
`Petitioner Mangrove, Patent Owner intends to ask Petitioner Mangrove what
`
`material it believes should be redacted from a public version of the Patent Owner’s
`
`Request for Rehearing. Once so indicated, Patent Owner will promptly file such
`
`paper after such filing has been authorized by the Board.
`
` Proposed Protective Order III.
`
`
`Petitioner Mangrove filed a Motion for Entry of the Default Protective Order
`
`on March 3, 2016. (Paper No. 39). Pursuant to Section 4(B) of the protective
`
`order, Patent Owner’s Request for Rehearing has been clearly marked as
`
`“PROTECTIVE ORDER MATERIAL.”
`
` Conclusion IV.
`
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`seal Patent Owner’s Request for Rehearing.
`
`Dated: October 11, 2016
`
`
`
`Respectfully submitted,
`
`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`
`Counsel for VirnetX Inc.
`
`2
`
`
`
`
`
`
`
`
`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
`
`Motion to Seal by electronic means on the date below at the following address of
`
`record:
`
`Abraham Kasdan (akasdan@wiggin.com)
`James T. Bailey (jtb@jtbaileylaw.com)
`IP@wiggin.com
`
`Jeffrey P. Kushan
`Scott Border
`Thomas A. Broughan III
`iprnotices@sidley.com
`
`Respectfully submitted,
`
`
`
` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
`
`
`
`
`
`
`
`Dated: October 11, 2016