`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 IPR2015-010461
`Patent 6,502,135
`
`Patent Owner’s Interrogatories to
`Petitioner The Mangrove Partners Master Fund, Ltd.
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a Petitioner
`in the instant proceeding.
`
`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. Cover
`
`
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`Patent Owner requests that Petitioner The Mangrove Partners Master Fund,
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`Ltd. serve written responses to these interrogatories. 2
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`INSTRUCTIONS
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`In responding to these interrogatories, please comply with the instructions in
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`the Office Patent Trial Practice Guide.
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`1.
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`Please timely amend your responses if you learn that your response is
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`incomplete or additional responsive information is found.
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`2. Whenever you are asked to identify a communication, please: (a) summarize
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`the subject matter of the communication; (b) state the date and location of the
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`communication; and (c) identify the parties to the communication.
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`3.
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`If you object to a portion or an aspect of any interrogatory, state the grounds
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`of your objection with specificity and respond to the remainder of the interrogatory.
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`4.
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`If, in answering these interrogatories, you encounter any ambiguities when
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`construing a request, instruction, or definition, your response shall set forth the
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`matter deemed ambiguous and the construction used in responding.
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`5.
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`For any information sought by an interrogatory that you withhold based upon
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`2 By serving these interrogatories by the deadline provided in the Board’s order dated
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`October 23, 2019, Patent Owner does not waive its right to seek rehearing of that
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`order or any other relief that may be available.
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`1
`
`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 1
`
`
`
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`a claim of privilege, please identify the ground of the asserted privilege and provide
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`Case No. IPR2015-01046
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`a privilege log according to the requirements of Federal Rule of Civil Procedure 26.
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`DEFINITIONS
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`1.
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`The terms “document” and “thing” have the broadest meaning prescribed in
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`Federal Rule of Civil Procedure 34, including ESI and any physical specimen or
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`tangible item, in your possession, custody, or control.
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`2.
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`“Communications” refers to all conversations, agreements, inquiries, or
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`replies, whether in person, by telephone, in writing, or by means of electronic
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`transmittal devices, and includes, but is not limited to, all correspondence, emails,
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`recordings, transmittal slips, memoranda, telephone communications, voice
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`messages, or notes.
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`3.
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`The term “Mangrove Partners” or “You” refers to The Mangrove Partners
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`Master Fund, Ltd. and all affiliated people and entities, including Mangrove
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`Partners, The Mangrove Partners Fund, L.P., The Mangrove Partners Fund
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`(Cayman), Ltd., Mangrove Capital, any of their present and former employees,
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`representatives, consultants, contractors, attorneys, agents, and all other persons or
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`entities acting or purporting to act on behalf of any of the foregoing, such as
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`Nathaniel August, Ward Dietrich, Jeffrey Kalicka, Brian Steck, Philp Lee, David
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`Bree, and Kevin Phillip.
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`4.
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`“RPX” includes RPX Corporation, any of its present and former employees,
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`
`
`2
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`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 2
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`
`
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`representatives, consultants, contractors, attorneys, agents, and all other persons or
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`Case No. IPR2015-01046
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`entities acting or purporting to act on behalf of any of the foregoing.
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`5.
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`“VirnetX patents” refers to any patent assigned to VirnetX Inc., including U.S.
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`Patent No. 6,502,135, U.S. Patent No. 7,490,151, as well as any references to patents
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`associated with VirnetX generally.
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`6.
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`“Apple Inc.” means Apple Inc., any of its present and former employees,
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`representatives, consultants, contractors, attorneys, agents, and all other persons or
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`entities acting or purporting to act on behalf of any of the foregoing.
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`7.
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`“Concerning” means in any way, directly or indirectly, regarding,
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`considering, constituting, comprising, covering, defining, describing, involving,
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`underlying, modifying, amending, confirming, mentioning, endorsing, recording,
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`evidencing, pertaining to, referring to, reflecting, relating to, representing,
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`supporting, qualifying, terminating, revoking, canceling.
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`
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`3
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`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 3
`
`
`
`
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`INTERROGATORY NO. 1
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`INTERROGATORY
`
`Case No. IPR2015-01046
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`Describe all facts and circumstances concerning each communication
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`between Mangrove Partners and RPX prior to October 7, 2015, concerning VirnetX.
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`
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`INTERROGATORY NO. 2
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`Describe all facts and circumstances concerning each communication
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`between Mangrove Partners and RPX prior to October 7, 2015, concerning
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`proceedings before the U.S. Patent and Trademark Office.
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`
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`INTERROGATORY NO. 3
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`Describe all facts and circumstances concerning each communication
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`between Mangrove Partners and any person not part of Mangrove Partners prior to
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`October 7, 2015, concerning both RPX and VirnetX.
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`
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`INTERROGATORY NO. 4
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`Describe all facts and circumstances concerning each communication
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`between Mangrove Partners and any person not part of Mangrove Partners prior to
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`October 7, 2015, concerning challenges to VirnetX’s patents.
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`
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`
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`4
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`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 4
`
`
`
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`INTERROGATORY NO. 5
`
`Case No. IPR2015-01046
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`Describe all facts and circumstances concerning Mangrove Partners’
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`acquisition of RPX stock in April 2015 and Mangrove Partners’ filing of inter partes
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`review petitions against VirnetX patents in April 2015, including, without limitation,
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`any interrelated investment strategies.
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`
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`INTERROGATORY NO. 6
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`Describe all facts and circumstances concerning the decision, suggestion,
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`instruction, or the like relating to Mangrove Partners initiating proceedings before
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`the U.S. Patent and Trademark Office against VirnetX’s patents, including, without
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`limitation, the identity of all individuals (including people not part of Mangrove
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`Partners) involved with the decision, suggestion or instruction.
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`
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`INTERROGATORY NO. 7
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`Describe all facts and circumstances concerning the funding for initiating
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`IPR2015-01046 and IPR2015-01047, including, without limitation, all sources of
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`such funding to Mangrove Partners.
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`
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`5
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`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 5
`
`
`
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`INTERROGATORY NO. 8
`
`Case No. IPR2015-01046
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`Describe all facts and circumstances concerning the compensation for
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`initiating IPR2015-01046 and IPR2015-01047, including, without limitation, all
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`sources of such compensation to Mangrove Partners.
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`
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`INTERROGATORY NO. 9
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`Describe all facts and circumstances concerning the efforts by You to respond
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`to the interrogatories provided herein, including, without limitation, the identity of
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`each person involved in preparing the responses to the interrogatories provided
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`herein and each person You contacted to assist in preparing the responses to the
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`interrogatories provided herein.
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`
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`INTERROGATORY NO. 10
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`Describe all facts and circumstances concerning the efforts by You to respond
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`to the requests for production served by VirnetX on September 27, 2019, including,
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`without limitation, the identity of each person involved in preparing the responses
`
`to the requests for production and each person You contacted to assist in preparing
`
`the responses to the requests for production.
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`
`
`
`
`6
`
`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 6
`
`
`
`
`
`Dated: November 1, 2019
`
`Case No. IPR2015-01046
`
`Respectfully submitted,
`
`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`
`Counsel for VirnetX Inc.
`
`
`
`
`
`
`
`7
`
`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 7
`
`
`
`
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`Case No. IPR2015-01046
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`CERTIFICATE OF SERVICE
`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 Petitioner a true and correct copy of the foregoing Patent Owner’s
`
`Interrogatories to Petitioner The Mangrove Partners Master Fund, Ltd. 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
`
`
`Dated: November 1, 2019
`
`Respectfully submitted,
`
` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
`
`
`
`
`
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`
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`1
`
`Petitioners The Mangrove Partners Master Fund, Ltd. and Apple Inc.
`IPR2015-01046, Ex. 1057, p. 8
`
`