`Filed: March 21, 2016
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`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
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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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`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., APPLE INC., and
`BLACK SWAMP IP, LLC,
`Petitioner
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`v.
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`VIRNETX INC.,
`Patent Owner
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`Case IPR2015-010471
`Patent 7,490,151
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`Patent Owner’s Motion to Seal
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`1 Apple Inc. and Black Swamp IP, LLC, who filed petitions in IPR2016-00063 and
`IPR2016-00167, respectively, have been joined as a Petitioner in the instant
`proceeding.
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`I.
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`Introduction
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`Patent Owner VirnetX Inc. (“Patent Owner”) hereby moves to seal Exhibits
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`2042, 2058, and 2059, and the Patent Owner’s Response, in accordance with the
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`default protective order filed by Petitioner Mangrove Partners Master Fund, Ltd.
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`(“Petitioner Mangrove”) on March 3, 2016 (Paper No. 43). See 37 C.F.R. § 42.14,
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`42.54. Good cause exists for granting the instant motion to seal because Exhibits
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`2042, 2058, and 2059, as well as information in the Patent Owner’s Response, has
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`been designated as confidential during discovery by Petitioner Mangrove.
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`Patent Owner intends to ask Petitioner Mangrove what material it believes
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`should be redacted from public versions of the Patent Owner’s Response and
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`Exhibits 2042, 2058, and 2059. Once so indicated, Patent Owner will promptly
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`file such papers after such filing has been authorized by the Board.
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` Good Cause Exists for Sealing Certain Information Designated as II.
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`Confidential
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`The standard governing the Board’s determination of whether to grant a
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`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-00001, Paper No. 36
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`(Apr. 5, 2013). In that regard, the Board must “strike a balance between the
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`public’s interest in maintaining a complete and understandable file history and the
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`parties’ interest in protecting truly sensitive information.” Id.
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`Exhibits 2042, 2058, and 2059, and the Patent Owner’s Response, include
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`information that Petitioner Mangrove has asserted as confidential during discovery.
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` 1
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`Case No. IPR2015-01047
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`Because the relevant information has been designated as confidential by
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`Petitioner Mangrove, Patent Owner intends to ask Petitioner Mangrove what
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`material it believes should be redacted from public versions of the Patent Owner’s
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`Response and Exhibits 2042, 2058, and 2059. Once so indicated, Patent Owner
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`will promptly file such papers after such filing has been authorized by the Board.
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` Proposed Protective Order III.
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`Petitioner Mangrove filed a Motion for Entry of the Default Protective Order
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`on March 3, 2016. (Paper No. 43). Pursuant to Section 4(B) of the protective
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`order, Exhibits 2042, 2058, and 2059, and the Patent Owner’s Response, have been
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`clearly marked as “PROTECTIVE ORDER MATERIAL.”
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` Conclusion IV.
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`seal Exhibits 2042, 2058, and 2059, and the Patent Owner’s Response.
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`Dated: March 21, 2016
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`Respectfully submitted,
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`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
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`Counsel for VirnetX Inc.
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`2
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`CERTIFICATE OF SERVICE
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`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 Petitioners a true and correct copy of the foregoing Patent Owner’s
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`Motion to Seal by electronic means on the date below at the following address of
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`Abraham Kasdan (akasdan@wiggin.com)
`Wiggin and Dana LLP
`450 Lexington Avenue
`New York, NY 10017
`IP@wiggin.com
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`James T. Bailey (jtb@jtbaileylaw.com)
`504 W. 136th St. #1B
`New York, NY 10031
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`Jeffrey P. Kushan
`Scott Border
`Thomas A. Broughan III
`Sidley Austin LLP
`1501 K Street NW
`Washington, DC 20005
`iprnotices@sidley.com
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`Thomas H. Martin
`Wesley C. Meinerding
`Martin & Ferraro, LLP
`1557 Lake O’Pines Street, NE
`Hartville, Ohio 44632
`tmartin@martinferraro.com
`docketing@martinferraro.com
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`Respectfully submitted,
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`
` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
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`record:
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`Dated: March 21, 2016