Paper No. 93
`Filed: October 4, 2019
`
`
`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’ MOTION TO SEAL
`EXHIBIT 1051 AND RELATED DOCUMENTS
`
`
`
`1 Apple Inc. and Black Swamp IP, LLC, which filed a petitions in IPR2016-00063
`and IPR2016-00167, respectively, have been joined as Petitioners in the instant
`proceeding.
`
`
`Filed: October 4, 2019
`
`
`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’ MOTION TO SEAL
`EXHIBIT 1051 AND RELATED DOCUMENTS
`
`
`
`1 Apple Inc. and Black Swamp IP, LLC, which filed a petitions in IPR2016-00063
`and IPR2016-00167, respectively, have been joined as Petitioners in the instant
`proceeding.
`
`
`
`IPR2015-01047
`
`I.
`
`Introduction
`
`U.S. Patent No. 7,490,151
`
`Petitioners hereby move to seal Exhibit 1051 and the confidential versions of
`
`Exhibit 1049 and Petitioners’ Partial Opposition to Patent Owner’s Motion for
`
`Additional Discovery (Paper 91) in accordance with the default protective order
`
`filed by Petitioner Mangrove on March 3, 2016 (Paper 43). See 37 C.F.R. §§ 42.14,
`
`42.54. Good cause exists for granting this motion to seal because Exhibit 1051
`
`contains Petitioner Mangrove’s confidential commercial information and Exhibit
`
`1049 and Petitioners’ Partial Opposition (Paper 91) quote from Exhibit 1051.
`
`Petitioners have also filed redacted versions of Exhibit 1049 (Ex. 1050) and
`
`Petitioners’ Partial Opposition (Paper 92).
`
`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.” 37 C.F.R. § 42.54. 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.” Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-00001,
`
`Paper 36 at 3–4 (PTAB Apr. 5, 2013).
`
`Exhibit 1051 is a confidential letter from Mangrove to its investors that,
`
`among other things, summarizes Mangrove’s motivations for purchasing RPX’s
`
`publicly-traded stock for the period before October 7, 2015. This letter constitutes
`1
`PETITIONERS’ MOT. TO SEAL EX. 1051 AND RELATED DOCUMENTS
`
`
`
`IPR2015-01047
`
`U.S. Patent No. 7,490,151
`
`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). Petitioner Mangrove’s Responses to Patent Owner’s Notice of Deposition
`
`(Ex. 1049) and Petitioners’ Partial Opposition (Paper 91) quote from the contents
`
`of Exhibit 1051, and those portions have been redacted in the public versions of
`
`Mangrove’s Responses (Ex. 1050) and Petitioners’ Partial Opposition (Paper 92).
`
`These redactions are appropriate under the same rationale described above. For
`
`these reasons, there is good cause for (i) sealing Exhibit 1049, Exhibit 1051, and
`
`Paper 91, and (ii) accepting the redactions offered in Exhibit 1050 and Paper 92.
`
`III. Proposed Protective Order
`
`Petitioner Mangrove filed a Motion for Entry of the Default Protective Order
`
`on March 3, 2016. See Paper 39. Pursuant to Section 4(B) of the protective order,
`
`Exhibit 1049, Exhibit 1051, and Paper 91 have been clearly marked as
`
`“PROTECTIVE ORDER MATERIAL.”
`
`IV. Conclusion
`
`For the foregoing reasons, Petitioners’ motion to seal should be granted to (i)
`
`seal Exhibit 1049, Exhibit 1051, and Paper 91, and (ii) accept the redactions
`
`offered in Exhibit 1050 and Paper 92.
`
`
`
`Dated: October 4, 2019
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`
`Respectfully Submitted,
`
`/James T. Bailey/
`James T. Bailey
`2
`PETITIONERS’ MOT. TO SEAL EX. 1051 AND RELATED DOCUMENTS
`
`
`
`IPR2015-01047
`
`U.S. Patent No. 7,490,151
`
`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
`
`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
`
`3
`PETITIONERS’ MOT. TO SEAL EX. 1051 AND RELATED DOCUMENTS
`
`
`
`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 4th day of
`
`October, 2019, 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: October 4, 2019
`
`/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
`
`4
`PETITIONERS’ MOT. TO SEAL EX. 1051 AND RELATED DOCUMENTS
`
`
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