Summary of VirnetX/RPX/Apple/Board Conference Calls
Jan 8th call:
VirnetX: RPX says they are the sole party of interest in these IPRs. We want discovery rights to see if Apple worked with RPX in any way on these.
RPX: No. We are completely acting alone.
Board: No discovery rights for VirnetX at this time. VirnetX can include arguments in their preliminary response.
VirnetX: RPX filed a corrected copy of their IPR back in November. Those corrections happened to amend data regarding the exact claims that Apple infringed per the district ruling. We have evidence in the metadata of the PDF of the corrected filing that the document first came from Apple's lawyers and was later sent to RPX to submit. [Whoopsie!] That coordination is grounds to allow for further discovery.
RPX and Apple: Well that lawyer worked for both of us.
Board: Why didn't we hear about this earlier?
RPX: VirnetX is seeking discovery in district court. They don't need it here.
VirnetX: No guarantee we will get it or have it in time to use it, since these IPRs are being expedited.
Jan 14th call:
Board: We will allow VirnetX to file a motion to request discovery and the parameters of such discovery. RPX/Apple will be allowed to respond. We will then make a decision.