Paper No. 91
`Filed: October 31, 2019
`
`
`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
`U.S. Patent No. 6,502,135
`
`––––––––––––––––––
`
`PETITIONERS’ UNOPPOSED MOTION TO SEAL THE BOARD’S
`OCTOBER 23, 2019 ORDER AND ACCEPT PROPOSED REDACTIONS
`
`
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
`
`
`Filed: October 31, 2019
`
`
`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
`U.S. Patent No. 6,502,135
`
`––––––––––––––––––
`
`PETITIONERS’ UNOPPOSED MOTION TO SEAL THE BOARD’S
`OCTOBER 23, 2019 ORDER AND ACCEPT PROPOSED REDACTIONS
`
`
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
`
`
`
`IPR2015-01046
`
`I.
`
`Introduction
`
`U.S. Patent No. 6,502,135
`
`Petitioners hereby move to seal the Board’s October 23, 2019 Order (Paper
`
`88, “October 29 Order”) in accordance with the default protective order filed by
`
`Petitioner Mangrove on March 3, 2016 (Paper 39). See 37 C.F.R. §§ 42.14, 42.54.
`
`Good cause exists for granting this motion to seal because the Board’s October 23
`
`Order quotes and characterizes Petitioner Mangrove’s confidential commercial
`
`information from Exhibits 1049 and 1051 and Petitioners’ Partial Opposition
`
`(Paper 82), which Petitioners moved to seal on October 4, 2019. As instructed by
`
`the Board’s October 23 Order, the parties have conferred and jointly filed a
`
`proposed redacted public version of the October 23 Order (Paper 90). Patent
`
`Owner has indicated that it does not oppose the present motion.
`
`II. Good Cause Exists for Sealing Certain Information Designated as
`Confidential
`
`The standard governing the Board’s determination of whether to grant a
`
`motion to seal is “good cause.” 37 C.F.R. § 42.54. 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.” Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-00001,
`
`Paper 36 at 3–4 (PTAB Apr. 5, 2013).
`
`The Board’s October 23, 2019 Order quotes and characterizes certain
`
`confidential commercial information from confidential Exhibits 1049 and 1051 and
`1
`PETITIONERS’ UNOPPOSED MOT. TO SEAL THE BOARD’S OCT. 23, 2019 ORDER
`
`
`
`IPR2015-01046
`
`U.S. Patent No. 6,502,135
`
`Petitioners’ Partial Opposition (Paper 82). As explained in Petitioners’ prior
`
`motion to seal (Paper 85), Exhibit 1051 is a confidential letter from Mangrove to
`
`its investors that, among other things, summarizes Mangrove’s motivations for
`
`purchasing RPX’s publicly-traded stock for the period before October 7, 2015.
`
`This letter constitutes confidential commercial information under the Board’s
`
`rules. See 37 C.F.R. § 42.54; Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48,756, 48,760 (Aug. 14, 2012). Ex. 1049 and Petitioners’ Partial Opposition
`
`(Paper 82) quote from the contents of Exhibit 1051, and the Board’s October 23
`
`Order quotes from and characterizes confidential portions of the two exhibits and
`
`that paper. The proposed redactions (Paper 90) to the Board’s October 23 Order
`
`are appropriate under the same rationale described above. For these reasons, there
`
`is good cause for (i) sealing the Board’s October 23 Order (Paper 88) and (ii)
`
`accepting the redactions offered in the parties’ joint proposed redacted public
`
`version of the October 23 Order (Paper 90).
`
`III. Proposed Protective Order
`
`Petitioner Mangrove filed a Motion for Entry of the Default Protective Order
`
`on March 3, 2016. See Paper 39. Pursuant to Section 4(B) of the protective order,
`
`Exhibit 1049, Exhibit 1051, and Paper 82 have been clearly marked as
`
`“PROTECTIVE ORDER MATERIAL.”
`
`2
`PETITIONERS’ UNOPPOSED MOT. TO SEAL THE BOARD’S OCT. 23, 2019 ORDER
`
`
`
`IPR2015-01046
`
`IV. Conclusion
`
`U.S. Patent No. 6,502,135
`
`For the foregoing reasons, Petitioners’ motion to seal should be granted to (i)
`
`seal the Board’s October 23 Order (Paper 88) and (ii) accept the redactions offered
`
`in the parties’ joint proposed redacted public version of the October 23 Order
`
`(Paper 90).
`
`Dated: October 31, 2019
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`T: 202-736-8000
`Attorney for Petitioner Apple Inc.
`
`
`
`Respectfully Submitted,
`
`/James T. Bailey/
`James T. Bailey
`Reg. No. 44,518
`The Law Office of James. T. Bailey
`504 W. 136th St. #1B
`New York, NY 10031
`T: 917-626-1356
`Attorney for Petitioner Mangrove
`
`3
`PETITIONERS’ UNOPPOSED MOT. TO SEAL THE BOARD’S OCT. 23, 2019 ORDER
`
`
`
`IPR2015-01046
`
`U.S. Patent No. 6,502,135
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on this 31st day of
`
`October, 2019, I caused to be served a true and correct copy of the foregoing and
`
`any accompanying exhibits by electronic mail on the following counsel:
`
`Joseph E. Palys
`josephpalys@paulhastings.com
`
`Naveen Modi
`Naveenmodi@paulhastings.com
`
`
`
`Dated: October 31, 2019
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`T: 202-736-8000
`Attorney for Petitioner Apple Inc.
`
`Respectfully Submitted,
`
`/James T. Bailey/
`James T. Bailey
`Reg. No. 44,518
`The Law Office of James. T. Bailey
`504 W. 136th St. #1B
`New York, NY 10031
`T: 917-626-1356
`Attorney for Petitioner Mangrove
`
`
`
`
`
`4
`PETITIONERS’ UNOPPOSED MOT. TO SEAL THE BOARD’S OCT. 23, 2019 ORDER
`
`
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