`571.272.7822
`
`
`
`
`
`
`Paper No. 75
`
` Entered: July 7, 2016
`
`
`
`
`
`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 IPR2015-01046 (Patent 6,501,135 B1)1
`Case IPR2015-01047 (Patent 7,490,151 B2)2
`____________
`
`
`
`Before MICHAEL P. TIERNEY, KARL D. EASTHOM, and STEPHEN C.
`SIU, Administrative Patent Judges.
`
`SIU, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`1 Apple Inc., who filed petitions in IPR2016-00062, has been joined as a
`Petitioner in this proceeding.
`2 Apple Inc. and Black Swamp IP, LLC, who filed petitions in IPR2016-
`00063 and IPR2016-00167, respectively, have been joined as Petitioners in
`this proceeding.
`
`
`
`
`
`Case IPR2015-01046 (Patent 6,502,135 B1)
`Case IPR2015-01047 (Patent 7,490,151 B1)
`
`
`Patent Owner argues that it did not have a fair opportunity to respond
`to arguments that Patent Owner alleges to have been presented by Petitioner
`for the first time in Petitioner’s Consolidated Reply Brief (IPR2015-01046,
`Paper 50, 51; IPR2015-01047, Paper 56, 58) and Petitioner Apple Inc.’s
`Separate Reply Filing (IPR2015-01046, Paper 53; IPR2015-01047, Paper
`59). See IPR2015-01046, Paper 55, and IPR2015-01047, Paper 61.
`Under the particular factual circumstances of these cases, to ensure
`that Patent Owner has a full and fair opportunity to be heard on the disputed
`issues, we authorize, on an expedited basis, a sur-reply from Patent Owner in
`each proceeding. The sur-replies are limited to issues enumerated by Patent
`Owner in Patent Owner’s Identification of Improper Arguments in
`Petitioners’ Consolidated Reply Brief and Petitioner Apple Inc.’s Separate
`Reply Filing (IPR2015-01046, Paper 55, and IPR2015-01047, Paper 61,
`respectively) and shall not repeat arguments previously made or argue any
`other issue in these proceedings.
`
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner is authorized to file, in each of the
`instant proceedings, a sur-reply to Petitioner’s Consolidated Reply Brief and
`Petitioner Apple Inc.’s Separate Reply Filing in the respective proceedings
`addressing the issues set forth herein, by July 15, 2016, limited to no more
`than 15 pages.
`
`2
`
`
`
`
`
`
`
`Case IPR2015-01046 (Patent 6,502,135 B1)
`Case IPR2015-01047 (Patent 7,490,151 B1)
`PETITIONER:
`
`Abraham Kasdan
`WIGGIN AND DANA LLP
`akasdan@wiggin.com
`
`James T. Bailey
`jtb@jtbaileylaw.com
`
`Jeffrey P. Kushan
`Scott M. Border
`SIDLEY AUSTIN LLP
`IPRNotices@sidley.com
`sborder@sidley.com
`
`Thomas H. Martin
`Wesley C. Meinerding
`MARTIN & FERRARO, LLP
`tmartin@martinferraro.com
`docketing@martinferraro.com
`
`PATENT OWNER:
`
`Joseph E. Palys
`Naveen Modi
`Daniel Zeilberger
`Chetan Bansal
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`danielzeilberger@paulhastings.com
`chetanbansal@paulhastings.com
`
`
`3
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
