`Filed: October 11, 2016
`
`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
`
`
`Filed on behalf of: VirnetX Inc.
`By:
`
`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
`
`
`
`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, LLC,
`Petitioner
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`v.
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`VIRNETX INC.,
`Patent Owner
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`
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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, LLC, who filed petitions in IPR2016-00063 and
`IPR2016-00167, respectively, have been joined as Petitioners in the instant
`proceeding.
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`
`
`I.
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`
`Introduction
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`
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`Case No. IPR2015-01047
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`Patent Owner VirnetX Inc. (“Patent Owner”) hereby moves to seal Patent
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`Owner’s Request for Rehearing, in accordance with the default protective order
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`filed by Petitioner Mangrove Partners Master Fund, Ltd. (“Petitioner Mangrove”)
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`on March 3, 2016 (Paper No. 43). See 37 C.F.R. § 42.14, 42.54. Good cause
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`exists for granting the instant motion to seal because Patent Owner’s Request for
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`Rehearing contains information that has been designated as confidential during
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`discovery by Petitioner Mangrove and that the Board has found to contain
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`“confidential business information.” Paper No. 80 at 36.
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`Patent Owner intends to ask Petitioner Mangrove what material it believes
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`should be redacted from a public version of the Patent Owner’s Request for
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`Rehearing. Once so indicated, Patent Owner will promptly file such paper after
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`such filing has been authorized by the Board.
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` Argument II.
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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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`Patent Owner’s Request for Rehearing includes information that Petitioner
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` 1
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`
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`Mangrove has asserted as confidential during discovery and that the Board has
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`Case No. IPR2015-01047
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`found to contain “confidential business information.” Paper No. 80 at 36.
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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 a public version of the Patent Owner’s
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`Request for Rehearing. Once so indicated, Patent Owner will promptly file such
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`paper 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, Patent Owner’s Request for Rehearing has been clearly marked as
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`“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 Patent Owner’s Request for Rehearing.
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`Dated: October 11, 2016
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`
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`Respectfully submitted,
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`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`
`Counsel for VirnetX Inc.
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`2
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`
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`Case No. IPR2015-01047
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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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`record:
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`Abraham Kasdan (akasdan@wiggin.com)
`James T. Bailey (jtb@jtbaileylaw.com)
`IP@wiggin.com
`
`Jeffrey P. Kushan
`Scott Border
`Thomas A. Broughan III
`iprnotices@sidley.com
`
`Thomas H. Martin
`Wesley C. Meinerding
`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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`
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`Dated: October 11, 2016
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