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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
`
`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. and APPLE INC.,
`Petitioner
`v.
`VIRNETX INC.
`Patent Owner
`
`Case IPR2015-010471
`Patent No. 7,490,151
`
`Patent Owner’s Interrogatories to
`Petitioner The Mangrove Partners Master Fund, Ltd.
`
`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.
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. Cover
`
`

`

`Patent Owner requests that Petitioner The Mangrove Partners Master Fund,
`
`Ltd. serve written responses to these interrogatories. 2
`
`INSTRUCTIONS
`
`In responding to these interrogatories, please comply with the instructions in
`
`the Office Patent Trial Practice Guide.
`
`1.
`
`Please timely amend your responses if you learn that your response is
`
`incomplete or additional responsive information is found.
`
`2. Whenever you are asked to identify a communication, please: (a) summarize
`
`the subject matter of the communication; (b) state the date and location of the
`
`communication; and (c) identify the parties to the communication.
`
`3.
`
`If you object to a portion or an aspect of any interrogatory, state the grounds
`
`of your objection with specificity and respond to the remainder of the interrogatory.
`
`4.
`
`If, in answering these interrogatories, you encounter any ambiguities when
`
`construing a request, instruction, or definition, your response shall set forth the
`
`matter deemed ambiguous and the construction used in responding.
`
`5.
`
`For any information sought by an interrogatory that you withhold based upon
`
`
`2 By serving these interrogatories by the deadline provided in the Board’s order dated
`
`October 23, 2019, Patent Owner does not waive its right to seek rehearing of that
`
`order or any other relief that may be available.
`
`
`
`1
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 1
`
`

`

`Case No. IPR2015-01047
`
`a claim of privilege, please identify the ground of the asserted privilege and provide
`
`a privilege log according to the requirements of Federal Rule of Civil Procedure 26.
`
`DEFINITIONS
`
`1.
`
`The terms “document” and “thing” have the broadest meaning prescribed in
`
`Federal Rule of Civil Procedure 34, including ESI and any physical specimen or
`
`tangible item, in your possession, custody, or control.
`
`2.
`
`“Communications” refers to all conversations, agreements, inquiries, or
`
`replies, whether in person, by telephone, in writing, or by means of electronic
`
`transmittal devices, and includes, but is not limited to, all correspondence, emails,
`
`recordings, transmittal slips, memoranda, telephone communications, voice
`
`messages, or notes.
`
`3.
`
`The term “Mangrove Partners” or “You” refers to The Mangrove Partners
`
`Master Fund, Ltd. and all affiliated people and entities, including Mangrove
`
`Partners, The Mangrove Partners Fund, L.P., The Mangrove Partners Fund
`
`(Cayman), Ltd., Mangrove Capital, any of their present and former employees,
`
`representatives, consultants, contractors, attorneys, agents, and all other persons or
`
`entities acting or purporting to act on behalf of any of the foregoing, such as
`
`Nathaniel August, Ward Dietrich, Jeffrey Kalicka, Brian Steck, Philp Lee, David
`
`Bree, and Kevin Phillip.
`
`4.
`
`“RPX” includes RPX Corporation, any of its present and former employees,
`
`2
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 2
`
`

`

`Case No. IPR2015-01047
`
`representatives, consultants, contractors, attorneys, agents, and all other persons or
`
`entities acting or purporting to act on behalf of any of the foregoing.
`
`5.
`
`“VirnetX patents” refers to any patent assigned to VirnetX Inc., including U.S.
`
`Patent No. 6,502,135, U.S. Patent No. 7,490,151, as well as any references to patents
`
`associated with VirnetX generally.
`
`6.
`
`“Apple Inc.” means Apple Inc., any of its present and former employees,
`
`representatives, consultants, contractors, attorneys, agents, and all other persons or
`
`entities acting or purporting to act on behalf of any of the foregoing.
`
`7.
`
`“Concerning” means in any way, directly or indirectly, regarding,
`
`considering, constituting, comprising, covering, defining, describing, involving,
`
`underlying, modifying, amending, confirming, mentioning, endorsing, recording,
`
`evidencing, pertaining to, referring to, reflecting, relating to, representing,
`
`supporting, qualifying, terminating, revoking, canceling.
`
`3
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 3
`
`

`

`Case No. IPR2015-01047
`
`
`INTERROGATORY
`
`INTERROGATORY NO. 1
`
`Describe all facts and circumstances concerning each communication
`
`between Mangrove Partners and RPX prior to October 7, 2015, concerning VirnetX.
`
`
`
`INTERROGATORY NO. 2
`
`Describe all facts and circumstances concerning each communication
`
`between Mangrove Partners and RPX prior to October 7, 2015, concerning
`
`proceedings before the U.S. Patent and Trademark Office.
`
`
`
`INTERROGATORY NO. 3
`
`Describe all facts and circumstances concerning each communication
`
`between Mangrove Partners and any person not part of Mangrove Partners prior to
`
`October 7, 2015, concerning both RPX and VirnetX.
`
`
`
`INTERROGATORY NO. 4
`
`Describe all facts and circumstances concerning each communication
`
`between Mangrove Partners and any person not part of Mangrove Partners prior to
`
`October 7, 2015, concerning challenges to VirnetX’s patents.
`
`
`
`
`
`4
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 4
`
`

`

`Case No. IPR2015-01047
`
`
`INTERROGATORY NO. 5
`
`Describe all facts and circumstances concerning Mangrove Partners’
`
`acquisition of RPX stock in April 2015 and Mangrove Partners’ filing of inter partes
`
`review petitions against VirnetX patents in April 2015, including, without limitation,
`
`any interrelated investment strategies.
`
`
`
`INTERROGATORY NO. 6
`
`Describe all facts and circumstances concerning the decision, suggestion,
`
`instruction, or the like relating to Mangrove Partners initiating proceedings before
`
`the U.S. Patent and Trademark Office against VirnetX’s patents, including, without
`
`limitation, the identity of all individuals (including people not part of Mangrove
`
`Partners) involved with the decision, suggestion or instruction.
`
`
`
`INTERROGATORY NO. 7
`
`Describe all facts and circumstances concerning the funding for initiating
`
`IPR2015-01046 and IPR2015-01047, including, without limitation, all sources of
`
`such funding to Mangrove Partners.
`
`
`
`
`
`5
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 5
`
`

`

`Case No. IPR2015-01047
`
`
`INTERROGATORY NO. 8
`
`Describe all facts and circumstances concerning the compensation for
`
`initiating IPR2015-01046 and IPR2015-01047, including, without limitation, all
`
`sources of such compensation to Mangrove Partners.
`
`
`
`INTERROGATORY NO. 9
`
`Describe all facts and circumstances concerning the efforts by You to respond
`
`to the interrogatories provided herein, including, without limitation, the identity of
`
`each person involved in preparing the responses to the interrogatories provided
`
`herein and each person You contacted to assist in preparing the responses to the
`
`interrogatories provided herein.
`
`
`
`INTERROGATORY NO. 10
`
`Describe all facts and circumstances concerning the efforts by You to respond
`
`to the requests for production served by VirnetX on September 27, 2019, including,
`
`without limitation, the identity of each person involved in preparing the responses
`
`to the requests for production and each person You contacted to assist in preparing
`
`the responses to the requests for production.
`
`
`
`
`
`6
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 6
`
`

`

`Dated: November 1, 2019
`
`Case No. IPR2015-01047
`
`
`Respectfully submitted,
`
`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`
`Counsel for VirnetX Inc.
`
`
`
`
`
`
`
`7
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 7
`
`

`

`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 Petitioner a true and correct copy of the foregoing Patent Owner’s
`
`Interrogatories to Petitioner The Mangrove Partners Master Fund, Ltd. 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: November 1, 2019
`
`Respectfully submitted,
`
` /Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
`
`1
`
`Petitioners The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC
`IPR2015-01047, Ex. 1057, p. 8
`
`

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