`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
`
`
`
`
`
`
`Paper No.
`Filed: October 11, 2019
`
`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
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`THE MANGROVE PARTNERS MASTER FUND, LTD., APPLE INC., AND
`BLACK SWAMP, LLC,
`Petitioner
`v.
`VIRNETX INC.,
`Patent Owner
`
`
`
`Case IPR2015-010471
`Patent No. 7,490,151
`
`
`
`
`
`Patent Owner’s Motion to Seal
`
`
`
`
`
`
`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.
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2015-01047
`
`Introduction
`Patent Owner VirnetX Inc. (“Patent Owner”) hereby moves to seal Patent
`
`Owner’s Reply in Support of Motion for Additional Discovery, 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 Patent Owner’s Reply in Support of Motion for Additional Discovery has been
`
`designated as confidential by Petitioner Mangrove.
`
`Patent Owner intends to ask Petitioner Mangrove what material it believes
`
`should be redacted from a public version of Patent Owner’s Reply in Support of
`
`Motion for Additional Discovery. Once so indicated, Patent Owner will promptly
`
`file the public version.
`
` 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 No. 36
`
`(Apr. 5, 2013). In that regard, 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.
`
`Patent Owner’s Reply in Support of Motion for Additional Discovery includes
`
`information that Petitioner Mangrove has asserted as confidential.
`
` 1
`
`
`
`
`
`
`
`Case No. IPR2015-01047
`
`Because the relevant information has been designated as confidential by
`
`Petitioner Mangrove, Patent Owner intends to ask Petitioner Mangrove what
`
`material it believes should be redacted from a public version of Patent Owner’s
`
`Reply in Support of Motion for Additional Discovery. Once so indicated, Patent
`
`Owner will promptly file the public version.
`
` Proposed Protective Order
`Petitioner Mangrove filed a Motion for Entry of the Default Protective Order
`
`on March 3, 2016. (Paper No. 43). Pursuant to Section 4(B) of the protective order,
`
`Patent Owner’s Reply in Support of Motion for Additional Discovery has been
`
`clearly marked as “PROTECTIVE ORDER MATERIAL.”
`
` Conclusion
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`seal Patent Owner’s Reply in Support of Motion for Additional Discovery.
`
`Dated: October 11, 2019
`
`Respectfully submitted,
`
`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`
`Counsel for VirnetX Inc.
`
`
`
`2
`
`
`
`
`
`Case No. IPR2015-01047
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
`
`counsel for Petitioners a true and correct copy of the foregoing Patent Owner’s
`
`Motion to Seal by electronic means on the date below at the following address of
`
`record:
`
`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
`
`
`Dated: October 11, 2019
`
`Respectfully submitted,
`
` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
`
`
`
`
`
`
`
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