`Filed: December 14, 2015
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`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.
`Petitioner
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`v. VIRNETX
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`INC.
`Patent Owner
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`Case IPR2015-01046
`Patent 6,502,135
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`[Petitioner’s Proposed Revisions of]
`Patent Owner’s Requests for Production
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`Page 1 of 5
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` MANGROVE EX. 1026
`Mangrove v. VirnetX
`Trial IPR2015-01046
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`Patent Owner requests that Petitioner respond and produce the following
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`documents and things.
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`INSTRUCTIONS
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`In responding to and producing documents and things responsive to these
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`requests, please comply with the instructions in the Office Patent Trial Practice
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`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. All documents must be produced as they are kept in the usual course of
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`business,
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`in the files or containers in which the responsive documents are
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`maintained, and in the order within each file or container in which such documents
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`are maintained; or all documents shall be organized and labeled to correspond with
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`the requests below.
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`3. Identify any responsive documents and things you are aware of but cannot
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`produce because they have been lost or destroyed or are no longer in your
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`possession and the reason you cannot produce them.
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`4. If, in answering these requests, 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. For any document or thing withheld based upon a claim of privilege, please
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`Page 2 of 5
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`identify the ground of the asserted privilege and provide a privilege log according
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`Case No. IPR2015-01046
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`to the requirements of Federal Rule of Civil Procedure 26.
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`DEFINITIONS
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`1. 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. “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
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`their present and former employees,
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`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. “Mangrove IPRs” refers to inter partes review Case Nos. IPR2015-01046
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`and IPR2015-01047.
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`5. “VirnetX Patents” refers to U.S. Patent No. 6,502,135 and U.S. Patent No.
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`Page 3 of 5
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`2
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`Case No. IPR2015-01046
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`7,490,151.
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`DOCUMENTS AND THINGS REQUESTED
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`REQUEST FOR PRODUCTION NO. 1
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`Communications and documents or things related to challenging VirnetX
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`Patents at the United States Patent and Trademark Office, including assistance with
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`identification of prior art, filing, funding, compensation, and/or preparation of any
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`papers related to the Mangrove IPRs, between (a) one of the Mangrove Entities,
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`and (b) any other persons or entities not covered by (a), including another of the
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`Mangrove Entities.
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`REQUEST FOR PRODUCTION NO. 12
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`Communications and documents or things sufficient to show the Mangrove
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`Entities that received or provided funds, stock, stock options, or other
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`consideration for the Mangrove IPRs.
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`REQUEST FOR PRODUCTION NO. 23
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`Engagement
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`agreements
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`or
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`retainer agreements
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`and corresponding
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`termination agreements relating to the Mangrove IPRs, including (1) between any
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`of the Mangrove Entities and Wiggin and Dana LLP, or any of its agents,
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`representatives, privies, or others authorized to act on Wiggin and Dana LLP’s
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`behalf, including Abraham Kasdan and Michael Kasdan and (2) between any of the
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`Mangrove Entities and The Law Office of James T. Bailey, or any of its agents,
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`Page 4 of 5
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`3
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`representatives, privies, or others authorized to act on The Law Office of James T.
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`Case No. IPR2015-01046
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`Bailey’s behalf, including James T. Bailey.
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`REQUEST FOR PRODUCTION NO. 34
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`Documents sufficient to show payment of invoices Invoices related to the
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`Mangrove IPRs, including those issued by Wiggin and Dana LLP, or any of its
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`agents, representatives, privies, or others authorized to act on Wiggin and Dana
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`LLP’s behalf, including Abraham Kasdan and Michael Kasdan, or The Law
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`Office of James T. Bailey, or any of
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`its agents, representatives, privies,
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`or others authorized to act on The Law Office of James T. Bailey’s behalf,
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`including James T. Bailey.
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`25003/1/3390811.1
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`Page 5 of 5
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