`Filed: December 9, 2015
`
`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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`
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`THE MANGROVE PARTNERS MASTER FUND, LTD.
`Petitioner
`
`v.
`
`VIRNETX INC.
`Patent Owner
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`
`
`
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`
`
`Case IPR2015-01046
`Patent 6,502,135
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`Patent Owner’s Interrogatories
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`
`
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`Filed on behalf of: VirnetX Inc.
`By:
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`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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`
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`Page 1 of 4
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`VIRNETX EXHIBIT 2040
`Mangrove v. VirnetX
`Trial IPR2015-01046
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`
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`Patent Owner requests that Petitioner serve written responses to these
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`interrogatories.
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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
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`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
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`upon a claim of privilege, please identify the ground of the asserted privilege and
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`provide a privilege log according to the requirements of Federal Rule of Civil
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`Procedure 26.
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`Page 2 of 4
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`
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`DEFINITIONS
`
`Case No. IPR2015-01046
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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” shall mean the transmission or receipt of information of
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`any kind through any means (e.g., email, voicemail, audio, computer readable
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`media, or orally).
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`3.
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`The term “Mangrove Entities” includes The Mangrove Partners Master
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`Fund, Ltd., Mangrove Partners, The Mangrove Partners Fund, L.P., The Mangrove
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`Partners Fund (Cayman), Ltd., Mangrove Capital, any of their present and former
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`investors, and any of their present and former employees, representatives,
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`consultants, contractors, attorneys, agents, and all other persons or entities acting
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`or purporting to act on behalf of any of the foregoing, such as Nathaniel August,
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`Ward Dietrich, Jeffrey Kalicka, Brian Steck, Philp Lee, David Bree, and Kevin
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`Phillip.
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`4.
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`“Mangrove IPRs” refers to inter partes review Case Nos. IPR2015-01046
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`and IPR2015-01047.
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`5.
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`“VirnetX Patents” refers to U.S. Patent No. 6,502,135 and U.S. Patent No.
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`7,490,151.
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`2
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`Page 3 of 4
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`INTERROGATORY NO. 1
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`INTERROGATORY
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`Case No. IPR2015-01046
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`Identify communications and/or agreements in Request for Production Nos.
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`1-4 of Exhibit 2039 that were not reduced to writing.
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`INTERROGATORY NO. 2
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`Identify persons and entities, including any of the Mangrove Entities,
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`involved in the preparation and filing of the petitions or other papers in the
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`Mangrove IPRs, including persons and entities involved in any suggestions of prior
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`art, patentability challenges, and decisions to pursue inter partes review challenges
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`of VirnetX Patents.
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`INTERROGATORY NO. 3
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`To the extent not covered by Interrogatory No. 2, identify persons and
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`entities, including any of the Mangrove Entities, that control the Mangrove IPRs,
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`including anyone who controlled or had the ability to control the preparation and
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`filing of the petitions in the Mangrove IPRs.
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`INTERROGATORY NO. 4
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`Identify persons and entities, including any of the Mangrove Entities, that
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`provide or receive funding, directly or indirectly, for the Mangrove IPRs.
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`3
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`Page 4 of 4
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