`
`
`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,
`Petitioner,
`
`v.
`VIRNETX INC.,
`Patent Owner.
`
`––––––––––––––––––
`
`Case No. IPR2015-01047
`U.S. Patent No. 7,490,1511
`
`––––––––––––––––––
`
`PETITIONERS’ MOTION TO SEAL
`
`
`
`1 Apple Inc. and Black Swamp IP, LLC, who filed petitions in IPR2016-00063 and
`IPR2016-00167, respectively, have been joined as Petitioners in the instant
`proceeding.
`
`
`
`
`IPR2015-01047
`
`I.
`
`Introduction
`
`
`
`Petitioners’ Motion to Seal
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black
`
`Swamp IP, LLC (“Petitioners”) hereby move to seal the un-redacted version of
`
`Petitioners’ Consolidated Reply Brief (Paper 56), in accordance with the default
`
`protective order filed by Petitioner Mangrove Partners Master Fund, Ltd.
`
`(“Petitioner Mangrove”) on March 3, 2016 (Paper No. 43). See 37 C.F.R. §§
`
`42.14, 42.54. Good cause exists for granting the instant motion to seal because
`
`information in Petitioners’ Consolidated Reply Brief has been designated as
`
`confidential during discovery by Petitioner Mangrove.
`
`II. Good Cause Exists for Sealing Certain Information Designated as
`Confidential
`
`The standard governing the Board’s determination of whether to grant a
`
`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-00001, Paper 36
`
`(Apr. 5, 2013). The Board must “strike a balance between the public’s interest in
`
`maintaining a complete and understandable file history and the parties’ interest in
`
`protecting truly sensitive information.” Id.
`
`Exhibits 2042 and 2058 include information that Petitioner Mangrove has
`
`asserted as confidential during discovery. These exhibits are subject to Patent
`
`Owner’s pending motion to seal (Paper 47), and constitute confidential commercial
`
`information under the Board’s rules. See 37 C.F.R. § 42.54; Office Patent Trial
`
`Practice Guide, 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012). Petitioners’
`
`1
`
`
`
`IPR2015-01047
`
`
`
`Petitioners’ Motion to Seal
`
`Consolidated Reply Brief quotes and discusses the contents of these exhibits at
`
`several points, and those portions have been redacted in the public version of the
`
`Reply Brief (Paper 57). These redactions are appropriate under the same rationale
`
`described above. For the foregoing reasons, there is good cause for granting this
`
`motion to seal and protect this confidential information from disclosure.
`
`III. Proposed Protective Order
`
`Petitioner Mangrove filed a Motion for Entry of the Default Protective Order
`
`on March 3, 2016. (Paper 43). Pursuant to Section 4(B) of the protective order,
`
`the un-redacted version of Petitioners’ Consolidated Reply Brief has been clearly
`
`marked as “PROTECTIVE ORDER MATERIAL.”
`
`IV. Conclusion
`
`For the foregoing reasons, Petitioners respectfully request that the Board seal
`
`the un-redacted version of Petitioners’ Consolidated Reply Brief.
`
`
`
`Dated: May 9, 2016
`
`/Jeffrey P. Kushan /
`Jeffrey P. Kushan
`Reg. No. 43,401
`SIDLEY AUSTIN LLP
`Attorney for Petitioner Apple
`
`/Thomas H. Martin/
`Thomas H. Martin
`Reg. No. 34,383
`Martin & Ferraro, LLP
`Attorney for Petitioner Black Swamp
`
`Respectfully Submitted,
`
`/Abraham Kasdan/
`Abraham Kasdan
`Reg. No. 32, 997
`WIGGIN & DANA LLP
`
`James T. Bailey
`Reg. No. 44,518
`THE LAW OFFICE OF JAMES. T. BAILEY
`Attorneys for Petitioner Mangrove
`
`2
`
`
`
`IPR2015-01047
`
`
`
`Petitioners’ Motion to Seal
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on this 9th day of May,
`
`2016, I caused to be served a true and correct copy of the foregoing and any
`
`accompanying exhibits by e-mail on the following counsel:
`
`Joseph E. Palys
`josephpalys@paulhastings.com
`
`Naveen Modi
`naveenmodi@paulhastings.com
`
`
`
`
`Dated: May 9, 2016
`
`/Jeffrey P. Kushan /
`Jeffrey P. Kushan
`Reg. No. 43,401
`SIDLEY AUSTIN LLP
`Attorney for Petitioner Apple
`
`/Thomas H. Martin/
`Thomas H. Martin
`Reg. No. 34,383
`Martin & Ferraro, LLP
`Attorney for Petitioner Black Swamp
`
`
`Respectfully Submitted,
`
`/Abraham Kasdan/
`Abraham Kasdan
`Reg. No. 32, 997
`WIGGIN & DANA LLP
`
`James T. Bailey
`Reg. No. 44,518
`THE LAW OFFICE OF JAMES. T. BAILEY
`Attorneys for Petitioner Mangrove
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