Case: 17-1383

Document: 6

Page: 1

Filed: 01/03/2017
Form 26
Rev. 10/16

FORM 26. Docketing Statement

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

No. 2017-1383-JA
VIRNETX INC

MANGROVE PARTNERS MASTER FUND, LTD. and APPLE, INC.

DOCKETING STATEMENT
This Docketing Statement must be completed by all counsel and filed with the court within 14 days of the date
of docketing. When the United States or its officer or agency is a party, this Docketing Statement must be
completed by all counsel and filed with the court within 30 days of docketing. All questions must be answered
or the statement will be rejected.
Name of the party you represent

Mangrove Partners Master Fund, Ltd.

Party is (select one)

Appellant/Petitioner

d Cross-Appellant

|x| Appellee/Respondent

d Intervenor

Tribunal appealed from and Case No.

USPTO PTAB IPR2015 01046

Date of Judgment/Order

September 9, 2016

Type of Case

Inter Partes Review

Relief sought on appeal

Affirmance of the Patent Trial and Appeal Boards decisions.

Relief awarded below (if damages, specify) The PTAB found that Claims 1,2, 6-8 and 12-14 of U.S. Patent No. 7,490,151
are unpatentable.
Briefly describe the judgment/order appealed from The PTAB ruled that: (1) Claims 1, 2, 6-8 and 12-14 of U.S. Patent

No. 7,490,151 are unpatentable under 35 U.S.C. Sections 102 and 103.
Nature of judgment (select one)
[X] Final Judgment, 28 USC 1295
Rule 54(b)
I | Interlocutory Order (specify type)
d Other (explain; see Fed. Cir. R. 28(a)(5))

Case: 17-1383

Document: 6

Page: 2

Filed: 01/03/2017

FORM 26. Docketing Statement

Form 26
Rev. 10/16

Name and docket number of any related cases pending before this court plus the name of the writing judge
if an opinion was issued.
If none, please state none. 2017-1368-JA VirnetX, Inc. v. Mangrove Partners Master Fund, LTd., Apple Inc., Black Swamp IP, LLC
Pending appeal No. 17-1131 and decided appeal No. 13-1489 (Prost C.J., joined by Chen, J.)

Brief statement of the issues to be raised on appeal

Mangrove, as Appellee, will respond as appropriate to any issues that VirnetX raises in this appeal.

Have there been discussions with other parties relating to settlement of this case? jx| Yes No If "yes," when
were the last such discussions?
QBefore the case was filed below?
During the pendency of the case below?
Following the judgment/order appealed from?
If "yes," were the settlement discussions mediated? [[] Yes [x] No
If they were mediated, by whom?

Do you believe that this case may be amenable to mediation?

Yes

No

Please explain why you believe the case is or is not amenable to mediation.
Multiple parties and proceedings make mediation unlikely to succeed.

Provide any other information relevant to the inclusion of this case in the court's mediation program.
None.

Case: 17-1383

Document: 6

Page: 3

Filed: 01/03/2017
Form 26
Rev. 10/16

FORM 26. Docketing Statement

I certify that I filed this Docketing Statement with the Clerk of the United States Court of Appeals for the
Federal Circuit and served a copy on counsel of record, this
day of

3rd
by:

January, 2017

electronic mail and CM/ECF system

(manner of service)
James T. Bailey___________________________
Name of Counsel

/s/ James T. Bailey____________________

Signature of Counsel

Law b irm

The Law Office of James T. Bailey

Address

504 W. 136th Street, #1B

City, State, ZIP

New York, NY 10031

Telephone Number (917) 626-1356

FAX Number

E-mail Address

jtb@jtbaileylaw.com

Reset Fields

Case: 17-1383

Document: 6

Page: 4

Filed: 01/03/2017

CERTIFICATE OF SERVICE

I hereby certify that I filed the foregoing document with the Clerk of the United States
Court of appeal for the Federal Circuit via the CM/ECF system this 3 rd day of January, 2017, and
also served a copy on counsel of record via the CM/ECF system.

Date:

January 3, 2017

By:

fsf James T. Bailey

James T. Bailey
The Law Office of James T. Bailey
504 West 136th Street, #1B
New York, New York 10031
Tel.: (917) 626-1356
Email: itb@itbailevlaw.com