`
` Paper No. 111
`U.S. Patent No. 7,490,151
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––––––––––
`
`THE MANGROVE PARTNERS MASTER FUND, LTD., APPLE INC., and
`BLACK SWAMP IP, LLC,
`Petitioners,
`
`v.
`
`VIRNETX INC.,
`Patent Owner.
`
`––––––––––––––––––
`
`Case No. IPR2015-010471
`U.S. Patent No. 7,490,151
`
`––––––––––––––––––
`
`PETITIONERS’ UPDATED MANDATORY NOTICES
`AND NOTICE OF RELATED FEDERAL CIRCUIT DECISION
`
`1 Apple Inc. and Black Swamp IP, LLC, which filed petitions in IPR2016-00063
`and IPR2016-00167, respectively, have been joined as Petitioners in the instant
`proceeding.
`
`
`
`IPR2015-01047
`
`U.S. Patent No. 7,490,151
`
`Petitioners submit the following update to their Mandatory Notices to (i)
`
`inform the Board about developments in a related matter and (ii) update Petitioner
`
`The Mangrove Partners Master Fund, Ltd.’s (“Mangrove”) identification of lead
`
`and backup counsel. See 37 C.F.R. § 42.8; Apple Inc. v. OpenTV, Inc., IPR2015-
`
`0980, Paper 11 at 8 n.2 (Sept. 28, 2015).
`
`On January 21, 2020, the Federal Circuit issued its opinion in VirnetX Inc. v.
`
`Cisco Systems, Inc., No. 2019-1043 (Fed. Cir. Jan. 21, 2020), affirming, under Fed.
`
`Cir. R. 36, the Board’s decisions in Cisco Systems, Inc. v. VirnetX Inc., Control No.
`
`95/001,746, Appeal Nos. 2015-007843, 2017-010852, 2017-010852, each
`
`involving related U.S. Patent No. 6,839,759 and, inter alia, the Kiuchi reference at
`
`issue in this proceeding. See also Br. for Appellant VirnetX Inc., Dkt. No. 21;
`
`Reply Br. for Appellant VirnetX Inc., Dkt. No. 29.
`
`Additionally, Petitioner Mangrove submits the following update to its
`
`Mandatory Notices to update its identification of lead and back-up counsel,
`
`consistent with its concurrent filing of an updated Power of Attorney:
`
`Petitioner Mangrove’s Lead Counsel
`James T. Bailey, Reg. No. 44,518
`504 W. 136th St. #1B
`New York, NY 10031
`T: 917-626-1356
`Email: jtb@jtbaileylaw.com
`
`
`
`
`
`Petitioner Mangrove’s Backup Counsel
`Abraham Kasdan, Reg. No. 32,997
`Wiggin and Dana LLP
`450 Lexington Avenue
`New York, NY 10017
`T: 212-551-2841
`Email: akasdan@wiggin.com
`
`1
`PETITIONERS’ UPDATED MANDATORY NOT. & NOT. OF RELATED CAFC DEC.
`
`
`
`IPR2015-01047
`
`U.S. Patent No. 7,490,151
`
`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
`
`
`
`Dated: January 23, 2020
`
`/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.
`
`/Thomas H. Martin/
`Thomas H. Martin
`Reg. No. 34,383
`Martin & Ferraro, LLP
`Attorney for Petitioner Black Swamp
`
`2
`PETITIONERS’ UPDATED MANDATORY NOT. & NOT. OF RELATED CAFC DEC.
`
`
`
`IPR2015-01047
`
`U.S. Patent No. 7,490,151
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on this 23rd day of
`
`January, 2020, 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: January 23, 2020
`
`/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.
`
`/Thomas H. Martin/
`Thomas H. Martin
`Reg. No. 34,383
`Martin & Ferraro, LLP
`Attorney for Petitioner Black Swamp
`
`
`
`
`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’ UPDATED MANDATORY NOT. & NOT. OF RELATED CAFC DEC.
`
`
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