`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
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`Paper No.
`Filed: October 11, 2019
`
`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
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`THE MANGROVE PARTNERS MASTER FUND, LTD. and APPLE INC.,
`Petitioner
`v.
`VIRNETX INC.,
`Patent Owner
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`
`
`Case IPR2015-010461
`Patent 6,502,135
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`Patent Owner’s Motion to Seal
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`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
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`Introduction
`Patent Owner VirnetX Inc. (“Patent Owner”) hereby moves to seal Patent
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`Owner’s Reply in Support of Motion for Additional Discovery, in accordance with
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`the default protective order filed by Petitioner Mangrove Partners Master Fund, Ltd.
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`(“Petitioner Mangrove”) on March 3, 2016 (Paper No. 39). See 37 C.F.R. § 42.14,
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`42.54. Good cause exists for granting the instant motion to seal because information
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`in Patent Owner’s Reply in Support of Motion for Additional Discovery has been
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`designated as confidential by Petitioner Mangrove.
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`Patent Owner intends to ask Petitioner Mangrove what material it believes
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`should be redacted from a public version of Patent Owner’s Reply in Support of
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`Motion for Additional Discovery. Once so indicated, Patent Owner will promptly
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`file the public version.
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` Good Cause Exists for Sealing Certain Information Designated as
`Confidential
`The standard governing the Board’s determination of whether to grant a
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`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-00001, Paper No. 36
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`(Apr. 5, 2013). In that regard, the Board must “strike a balance between the public’s
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`interest in maintaining a complete and understandable file history and the parties’
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`interest in protecting truly sensitive information.” Id.
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`Patent Owner’s Reply in Support of Motion for Additional Discovery includes
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`information that Petitioner Mangrove has asserted as confidential.
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` 1
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`Case No. IPR2015-01046
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`Because the relevant information has been designated as confidential by
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`Petitioner Mangrove, Patent Owner intends to ask Petitioner Mangrove what
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`material it believes should be redacted from a public version of Patent Owner’s
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`Reply in Support of Motion for Additional Discovery. Once so indicated, Patent
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`Owner will promptly file the public version.
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` Proposed Protective Order
`Petitioner Mangrove filed a Motion for Entry of the Default Protective Order
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`on March 3, 2016. (Paper No. 39). Pursuant to Section 4(B) of the protective order,
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`Patent Owner’s Reply in Support of Motion for Additional Discovery has been
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`clearly marked as “PROTECTIVE ORDER MATERIAL.”
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` Conclusion
`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`seal Patent Owner’s Reply in Support of Motion for Additional Discovery.
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`Dated: October 11, 2019
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`Respectfully submitted,
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`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
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`Counsel for VirnetX Inc.
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`2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
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`counsel for Petitioners a true and correct copy of the foregoing Patent Owner’s
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`Motion to Seal by electronic means on the date below at the following address of
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`record:
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`Abraham Kasdan (akasdan@wiggin.com)
`James T. Bailey (jtb@jtbaileylaw.com)
`IP@wiggin.com
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`Jeffrey P. Kushan
`Scott Border
`Thomas A. Broughan III
`iprnotices@sidley.com
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`Dated: October 11, 2019
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`Respectfully submitted,
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` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
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