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Case number 2020-2271

VirnetX Inc. v. Mangrove Partners Master Fund > Documents

Date Field Doc. No.Description (Pages)
Jun 29, 2023 123 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [933067] [20-2271, 20-2272] [MVH] [Entered: 06/29/2023 09:36 AM] (2)
Jun 22, 2023 122 ORDER filed denying [121] petition for panel rehearing filed by VirnetX Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [931766] [MVH] [Entered: 06/22/2023 05:00 PM] (2)
Jun 5, 2023 120 Amended Certificate of Interest for Appellant VirnetX Inc.. Service: 06/05/2023 by email, US mail. [927929] [20-2271] [Naveen Modi] [Entered: 06/05/2023 11:06 PM] (2)
Jun 5, 2023 121 Petition for panel rehearing filed by Appellant VirnetX Inc.. Service: 06/05/2023 by email, US mail. [927930] [20-2271] [Naveen Modi] [Entered: 06/05/2023 11:08 PM] (53)
Apr 20, 2023 119 ORDER filed granting motion to extend time to file petition for rehearing/en banc [118] filed by Appellant VirnetX Inc. Petition for Rehearing due on or before 06/05/2023. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [918032] [MVH] [Entered: 04/20/2023 04:34 PM] (2)
Apr 19, 2023 117 NOTICE OF NON-COMPLIANCE: The submission of Appellant VirnetX Inc., Motion for Extension of Time to File a Petition for Rehearing [116], is not in compliance with the rules of this court (see attached). Compliant document due on 04/26/2023. Service as of this date by the Clerk of Court. [917787] [MVH] [Entered: 04/19/2023 03:52 PM] (1)
Apr 19, 2023 118 MOTION of Appellant VirnetX Inc. to extend the time to file a Petiton for Panel Rehearing until 06/05/2023. Service: 04/19/2023 by email. [917802] [20-2271] [Naveen Modi] [Entered: 04/19/2023 04:34 PM] (11)
Apr 18, 2023 116 MOTION of Appellant VirnetX Inc. to extend the time to file a Petiton for Panel Rehearing until 06/05/2023. Service: 04/18/2023 by email. [917538] [20-2271]. This document is non-compliant. See Doc. No. [117] [Naveen Modi] [Entered: 04/18/2023 03:43 PM] (11)
Apr 2, 2023 0 VIRNETX INC. v. MANGROVE PARTNERS MASTER FUND [OPINION] [nonprecedential] (0)
Mar 30, 2023 114 OPINION filed for the court by Moore, Chief Judge; Hughes, Circuit Judge and Stark, Circuit Judge. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [913257] [20-2271, 20-2272] [MVH] [Entered: 03/30/2023 09:58 AM] (27)
Mar 30, 2023 115 JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [913258] [20-2271, 20-2272] [MVH] [Entered: 03/30/2023 10:00 AM] (2)
Jan 24, 2023 113 Amended Entry of Appearance for Brittany Blueitt Amadi; Steven J. Horn as counsel for Appellee Apple Inc.. Service: 01/24/2023 by email, US mail. [899059] [20-2271] [Brittany Amadi] [Entered: 01/24/2023 12:13 PM] (2)
Sep 12, 2022 112 Letter from Appellee Apple Inc. response to Appellant VirnetX Inc.'s Letter regarding oral argument. Service: 09/12/2022 by email, US mail. [871124] [20-2271] [William Lee] [Entered: 09/12/2022 11:19 AM] (3)
Sep 8, 2022 110 Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Hughes, Circuit Judge and Stark, Circuit Judge.Arguing counsel: Mr. Stephen Blake Kinnaird for VirnetX Inc. and William F. Lee for Apple Inc.Oral Argument Audio available here. [870596] [JCP] [Entered: 09/08/2022 11:09 AM] (0)
Sep 8, 2022 111 Letter from Appellant VirnetX Inc. regarding oral argument. Service: 09/08/2022 by email, US mail. [870815] [20-2271] [Stephen Kinnaird] [Entered: 09/08/2022 07:44 PM] (24)
Aug 31, 2022 108 Amended Response to notice of oral argument from Intervenor Katherine K. Vidal. Service: 08/31/2022 by email. [869190] [20-2271] [Joshua Salzman] [Entered: 08/31/2022 11:35 AM] (1)
Aug 31, 2022 109 Amended Response to notice of oral argument from Appellee Apple Inc.. Service: 08/31/2022 by email, US mail. [869224] [20-2271] [William Lee] [Entered: 08/31/2022 12:44 PM] (3)
Aug 29, 2022 107 RESPONSE of Appellant VirnetX Inc. to Doc No. [99]. Service: 08/29/2022 by email, US mail. [868756] [20-2271] [Naveen Modi] [Entered: 08/29/2022 05:00 PM] (1)
Aug 8, 2022 105 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Apple Inc.'s Certification of Compliance with Revised Protocols for In-Person Arguments [104] was completed on an outdated version of Form 33A. CORRECTION: Please file a completed Form 33A using most recent version of the form (June 2022) no later than 08/12/2022. [865436] [MJL] [Entered: 08/08/2022 01:09 PM] (0)
Aug 8, 2022 106 Corrected Response to notice of oral argument from Appellee Apple Inc.. Service: 08/08/2022 by email, US mail. [865477] [20-2271] [William Lee] [Entered: 08/08/2022 02:34 PM] (3)
Aug 4, 2022 102 Response to notice of oral argument from Appellant VirnetX Inc.. Service: 08/04/2022 by email, US mail. [864798] [20-2271] [Stephen Kinnaird] [Entered: 08/04/2022 10:23 AM] (3)
Aug 4, 2022 103 Response to notice of oral argument from Appellee Black Swamp IP, LLC. Service: 08/04/2022 by email. [864840] [20-2271] [Wesley Meinerding] [Entered: 08/04/2022 12:18 PM] (1)
Aug 4, 2022 104 Response to notice of oral argument from Appellee Apple Inc.. Service: 08/04/2022 by email, US mail. [864855] [20-2271] [William Lee] [Entered: 08/04/2022 01:04 PM] (3)
Aug 3, 2022 101 Response to notice of oral argument from Intervenor Katherine K. Vidal. Service: 08/03/2022 by email. [864624] [20-2271] [Joshua Salzman] [Entered: 08/03/2022 01:33 PM] (3)
Aug 2, 2022 100 Response to notice of oral argument from Appellee Mangrove Partners Master Fund, Ltd.. Service: 08/02/2022 by email, US mail. [864304] [20-2271] [James Bailey] [Entered: 08/02/2022 11:58 AM] (1)
Jul 25, 2022 99 Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Intervenor Katherine K. Vidal. Service: 07/25/2022 by email. [862807] [20-2271] [Joshua Salzman] [Entered: 07/25/2022 10:52 AM] (1)
Jul 21, 2022 98 NOTICE OF ORAL ARGUMENT. Panel: 2209D. Case scheduled September 8, 2022. Response to Notice of Oral Argument due: 08/04/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [862326] [MVH] [Entered: 07/21/2022 03:02 PM] (2)
Apr 14, 2022 97 Official caption revised to reflect new confirmed Director of U.S. Patent and Trademark Office (see attached). Service as of this date by the Clerk of Court. [842961] [EKD] [Entered: 04/14/2022 10:08 AM] (2)
Mar 9, 2022 90 Notice from Appellant VirnetX Inc. regarding conflicts with oral argument. None. Service: 03/09/2022 by email, US mail. [835717] [20-2271] [Stephen Kinnaird] [Entered: 03/09/2022 11:19 AM] (0)
Mar 9, 2022 91 Notice from Appellee Apple Inc. regarding conflicts with oral argument. Service: 03/09/2022 by email, US mail. [835737] [20-2271] [William Lee] [Entered: 03/09/2022 11:55 AM] (4)
Mar 9, 2022 92 ORDER granting [86] the motion. Mr. Boynton is withdrawn as intervenor's counsel, and ECF No. 86-2 is accepted as the intervenor's corrected brief. Service as of this date by the Clerk of Court. [835783] [LMS] [Entered: 03/09/2022 01:43 PM] (3)
Mar 9, 2022 93 CORRECTED INTERVENOR BRIEF FILED by Intervenor Andrew Hirshfeld. Service: 03/02/2022 by email. [835834] [EKD] [Entered: 03/09/2022 02:59 PM] (50)
Mar 9, 2022 94 The following conflict date submitted by Joshua Marc Salzman for Andrew Hirshfeld has been accepted by the court: 10/05/2022. [835871] [MJL] [Entered: 03/09/2022 03:28 PM] (0)
Mar 9, 2022 95 The following conflict dates submitted by William F. Lee for Apple Inc. have been accepted by the court: 05/02/2022, 05/03/2022, 05/04/2022, 05/05/2022, 05/06/2022, 07/05/2022, 07/06/2022, 07/07/2022, 07/08/2022. [835876] [MJL] [Entered: 03/09/2022 03:31 PM] (0)
Mar 9, 2022 96 6 paper copies of Doc. No. [93] received from Intervenor Andrew Hirshfeld. [836341] [VDW] [Entered: 03/11/2022 01:11 PM] (0)
Mar 8, 2022 89 Notice from Intervenor Andrew Hirshfeld regarding conflicts with oral argument. Service: 03/08/2022 by email. [835614] [20-2271] [Joshua Salzman] [Entered: 03/08/2022 10:26 PM] (2)
Mar 4, 2022 87 6 paper copies of Doc. No. [83], [82], [66] received from Appellant VirnetX Inc.. [834964] [VDW] [Entered: 03/04/2022 01:56 PM] (0)
Mar 4, 2022 88 6 paper copies of Doc. No. [75] received from Appellant VirnetX Inc. and Appellees Apple Inc., Black Swamp IP, LLC and Mangrove Partners Master Fund, Ltd.. [834965] [VDW] [Entered: 03/04/2022 02:01 PM] (0)
Mar 2, 2022 84 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [834276] [EKD] [Entered: 03/02/2022 11:07 AM] (0)
Mar 2, 2022 85 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [834277] [EKD] [Entered: 03/02/2022 11:07 AM] (1)
Mar 2, 2022 86 MOTION of Intervenor Andrew Hirshfeld to correct or supplement intervenor Brief [77], to withdraw counsel Brian M. Boynton. Service: 03/02/2022 by email. [834394] [20-2271] [Joshua Salzman] [Entered: 03/02/2022 02:11 PM] (54)
Mar 1, 2022 83 MODIFIED ENTRY: APPENDIX FILED by Appellant VirnetX Inc., Appellees Apple Inc., Black Swamp IP, LLC, Mangrove Partners Master Fund, Ltd., and Intervenor Andrew Hirshfeld. Service: 03/01/2022 by email. [834158] --[Edited 03/02/2022 by EKD - compliance review complete] [Naveen Modi] [Entered: 03/01/2022 03:34 PM] (1356)
Feb 22, 2022 82 MODIFIED ENTRY: REPLY BRIEF FILED by Appellant VirnetX Inc. Service: 02/22/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [832669] --[Edited 02/23/2022 by EKD - compliance review complete] [Naveen Modi] [Entered: 02/22/2022 02:16 PM] (42)
Feb 16, 2022 80 Notice from Appellant VirnetX Inc. in Support of Its Unopposed Motion for an Enlargement of the Type-Volume Limitation for Its Reply Brief. Service: 02/16/2022 by email, US mail. [831584] [20-2271] [Naveen Modi] [Entered: 02/16/2022 10:50 AM] (57)
Feb 16, 2022 81 ORDER filed denying [78] motion to waive requirements of brief or appendix filed by VirnetX Inc.; The reply brief, not to exceed 7,000 words, is due no later than 21 days from the date of filing of this order. Service as of this date by the Clerk of Court. [831640] [LMS] [Entered: 02/16/2022 01:02 PM] (3)
Feb 11, 2022 79 ORDER staying the briefing pending the court's disposition of the motion. Service as of this date by the Clerk of Court. [830732] [LMS] [Entered: 02/11/2022 03:02 PM] (2)
Feb 4, 2022 77 MODIFIED ENTRY: CORRECTED INTERVENOR BRIEF FILED by Intervenor Andrew Hirshfeld. Service: 02/04/2022 by email. [829006] --[Edited 02/04/2022 by EKD - compliance review complete] This document has been corrected. See Doc No. [93] [Joshua Salzman] [Entered: 02/04/2022 10:02 AM] (50)
Feb 4, 2022 78 MOTION of Appellant VirnetX Inc. to waive brief requirement(s). Service: 02/04/2022 by email, US mail. [829172] [20-2271] [Naveen Modi] [Entered: 02/04/2022 05:05 PM] (8)
Feb 3, 2022 76 NOTICE OF NON-COMPLIANCE: The submission of Intervenor Andrew Hirshfeld, Intervenor Brief [74], is not in compliance with the rules of this court (see attached). Compliant document is due on 02/10/2022. Service as of this date by the Clerk of Court. [828753] [EKD] [Entered: 02/03/2022 09:38 AM] (2)
Feb 2, 2022 74 INTERVENOR BRIEF FILED by Intervenor Andrew Hirshfeld. Service: 02/02/2022 by email. [828705] [20-2271] This document is non-compliant. See Doc No. [76] [Joshua Salzman] [Entered: 02/02/2022 04:30 PM] (50)
Feb 2, 2022 75 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees Apple Inc., Black Swamp IP, LLC, and Mangrove Partners Master Fund, Ltd. Service: 02/02/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [828725] --[Edited 02/03/2022 by EKD - compliance review complete] [William Lee] [Entered: 02/02/2022 05:53 PM] (88)
Jan 31, 2022 73 Entry of appearance for Scott R. McIntosh as counsel for Intervenor Andrew Hirshfeld. Service: 01/31/2022 by email. [827896] [20-2271] [Scott McIntosh] [Entered: 01/31/2022 09:50 AM] (1)
Jan 11, 2022 70 MOTION of Intervenor Andrew Hirshfeld to extend the time to 02/02/2022 to file brief. Service: 01/11/2022 by email. [823751] [20-2271] [Joshua Salzman] [Entered: 01/11/2022 10:17 AM] (4)
Jan 11, 2022 71 MOTION of Appellees Apple Inc., Black Swamp IP, LLC and Mangrove Partners Master Fund, Ltd. to extend the time to 02/02/2022 to file brief. Service: 01/11/2022 by email. [823788] [20-2271] [William Lee] [Entered: 01/11/2022 12:17 PM] (13)
Jan 11, 2022 72 **TEXT ONLY** ORDER granting motions to extend time to file briefs [70], [71] filed by Intervenor Andrew Hirshfeld and Appellees Apple Inc., Mangrove Partners Master Fund, Ltd., and Black Swamp IP, LLC. The intervenor brief is due 02/02/2022. The response briefs are due 02/02/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [823859] [EKD] [Entered: 01/11/2022 02:18 PM] (0)
Dec 16, 2021 68 NOTICE OF NON-COMPLIANCE: The submission of Intervenor Andrew Hirshfeld, Entry of appearance for Joshua M. Salzman [67], is not in compliance with the rules of this court (see attached). Compliant document is due on 12/23/2021. Service as of this date by the Clerk of Court. [819194] [EKD] [Entered: 12/16/2021 11:43 AM] (1)
Dec 16, 2021 69 Corrected Entry of appearance for Joshua M. Salzman as counsel for Intervenor Andrew Hirshfeld. Service: 12/16/2021 by email. [819424] [20-2271] [Joshua Salzman] [Entered: 12/16/2021 09:41 PM] (1)
Dec 15, 2021 67 Entry of appearance for Joshua M. Salzman as counsel for Intervenor Andrew Hirshfeld. Service: 12/15/2021 by email. [819057] [20-2271] This document is non-compliant. See Doc No. [68] [Joshua Salzman] [Entered: 12/15/2021 11:10 PM] (1)
Dec 10, 2021 65 Amended Certificate of Interest for Appellant VirnetX Inc.. Service: 12/10/2021 by email. [817942] [20-2271] [Naveen Modi] [Entered: 12/10/2021 09:36 PM] (2)
Dec 10, 2021 66 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant VirnetX Inc. Service: 12/10/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [817943]--[Edited 12/15/2021 by EKD - compliance review complete] [Naveen Modi] [Entered: 12/10/2021 09:37 PM] (283)
Nov 24, 2021 64 CORRECTED ORDER: correcting Court Order to set briefing schedule [63],Court Order to strike document [63],Court Order [63]; reason(s): to reflect correct companion case number 2021-1672. Service as of this date by the Clerk of Court. [814816] [20-2271, 20-2272, 21-1672] [NL] [Entered: 11/24/2021 01:28 PM] (3)
Nov 19, 2021 63 ORDER filed. VirnetX’s amended opening brief in Appeal Nos. 2020-2271 and 2020-2272 is due no later than 40 days from the date of filing of this order. Appellees’ amended response brief and Intervenor’s response brief are due no later than 40 days thereafter. VirnetX’s reply brief is due no later than 21 days after the last-filed response brief. ECF No. 54 is stricken from filing. Apple’s motion to companion 2021-1671 with the consolidated appeals [59] [810110-2] is granted. (Per Curiam). Service as of this date by the Clerk of Court. [813900] [20-2271, 20-2272, 21-1672] [NL] [Entered: 11/19/2021 05:27 PM] (0)
Nov 18, 2021 62 REPLY of Appellee Apple Inc. to response [61]. Service: 11/18/2021 by email. [813536] [20-2271] [William Lee] [Entered: 11/18/2021 04:55 PM] (19)
Nov 11, 2021 61 RESPONSE of Appellant VirnetX Inc. to Doc No. [59]. Service: 11/11/2021 by email. [811742] [20-2271] [Naveen Modi] [Entered: 11/11/2021 08:43 PM] (23)
Nov 5, 2021 60 Notice from Appellee Apple Inc. of opposition to the relief requested in Appellant's Notice of Denial of Director Rehearing. Service: 11/05/2021 by email. [810660] [20-2271] [William Lee] [Entered: 11/05/2021 06:16 PM] (8)
Nov 3, 2021 56 Amended Notice of Appeal for VirnetX Inc.. Service: 11/03/2021 by email. [810103] [20-2271] [Naveen Modi] [Entered: 11/03/2021 05:42 PM] (72)
Nov 3, 2021 57 Amended Notice of Appeal for VirnetX Inc.. Service: 11/03/2021 by email. [810104] [20-2271] [Naveen Modi] [Entered: 11/03/2021 05:44 PM] (76)
Nov 3, 2021 58 Notice from Appellant VirnetX Inc. regarding constitutional challenge pursuant to Federal Rule of Appellate Procedure 44(a). Service: 11/03/2021 by email. [810106] [20-2271] [Jeffrey Lamken] [Entered: 11/03/2021 05:49 PM] (4)
Nov 3, 2021 59 MOTION of Appellee Apple Inc. to treat as companion cases. Service: 11/03/2021 by email. [810109] [20-2271] [William Lee] [Entered: 11/03/2021 06:06 PM] (15)
Nov 2, 2021 55 Notice from Appellant VirnetX Inc. Denial of Rehearing. Service: 11/02/2021 by email. [809660] [20-2271] [Jeffrey Lamken] [Entered: 11/02/2021 11:49 AM] (53)
Nov 1, 2021 52 Letter from Appellee Apple Inc. Regarding denial of requests for Director review. Service: 11/01/2021 by email. [809371] [20-2271] [William Lee] [Entered: 11/01/2021 11:49 AM] (5)
Nov 1, 2021 53 Amended Certificate of Interest for Appellee Apple Inc.. Service: 11/01/2021 by email. [809373] [20-2271] [William Lee] [Entered: 11/01/2021 11:51 AM] (3)
Nov 1, 2021 54 RESPONSE BRIEF FILED by Appellees Apple Inc., Black Swamp IP, LLC and Mangrove Partners Master Fund, Ltd. Service: 11/01/2021 by email. [809375] [20-2271]. Stricken pursuant to the court's order. See Doc No. [64] [William Lee] [Entered: 11/01/2021 11:53 AM] (0)
Aug 19, 2021 51 ORDER filed granting [48] VirnetX's motion. Appeal No. 2021-1672 will proceed in the normal course. Appeal Nos. 2020-2271, -2272 are remanded for the limited purpose of allowing VirnetX the opportunity to request Director rehearing of the final written decisions. This court retains jurisdiction over Appeal Nos. 2020-2271, -2272. (see order for details) (Per Curiam). Service as of this date by the Clerk of Court. [794088] [20-2271, 20-2272, 21-1672] [LMS] [Entered: 08/19/2021 03:13 PM] (4)
Jul 21, 2021 49 RESPONSE of Appellees Apple Inc., Black Swamp IP, LLC and Mangrove Partners Master Fund, Ltd. to Doc. No. [45], [45], [45]. Service: 07/21/2021 by email. [787704] [20-2271] [William Lee] [Entered: 07/21/2021 03:28 PM] (24)
Jul 21, 2021 50 RESPONSE of Intervenor Andrew Hirshfeld to Doc. No. [45], [45], [45]. Service: 07/21/2021 by email. [787869] [20-2271] [Maureen Queler] [Entered: 07/21/2021 07:31 PM] (7)
Jul 7, 2021 47 Entry of appearance for Jeffrey A. Lamken as counsel for Appellant VirnetX Inc.. Service: 07/07/2021 by email. [784652] [20-2271] [Jeffrey Lamken] [Entered: 07/07/2021 05:31 PM] (1)
Jul 7, 2021 48 MODIFIED ENTRY: RESPONSE of Appellant VirnetX Inc. to Doc. No. [45]. Service: 07/07/2021 by email. [784654]--[Edited 07/08/2021 by EKD - to correct filing event] [Jeffrey Lamken] [Entered: 07/07/2021 05:34 PM] (19)
Jun 30, 2021 46 Notice from Appellee Apple Inc. of Withdrawal of Alison Burton as Counsel. Service: 06/30/2021 by email. [783423] [20-2271] [Alison Burton] [Entered: 06/30/2021 10:25 AM] (3)
Jun 23, 2021 45 ORDER filed. Within 14 days from the date of this order, the parties that raised an Appointments Clause challenge shall file a brief, not to exceed 10 pages double-spaced, explaining how they believe their cases should proceed in light of Arthrex. Responses from the other parties, including the United States Patent and Trademark Office, subject to the same length restrictions, are due within 14 days thereafter. All deadlines and proceedings are stayed. Service as of this date by the Clerk of Court. [782113] [20-2102, 20-2111, 20-2202, 20-2206, 20-2207, 20-2208, 20-2209, 20-2214, 20-2215, 20-2216, 20-2217, 20-2251, 20-2262, 20-2263, 20-2264, 20-2271, 20-2272] [MJL] [Entered: 06/23/2021 05:23 PM] (2)
Jun 8, 2021 44 Amended Certificate of Interest for Appellant VirnetX Inc.. Service: 06/08/2021 by email. [779038] [20-2271] [Naveen Modi] [Entered: 06/08/2021 01:08 PM] (2)
Jun 7, 2021 43 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant VirnetX Inc. Service: 06/07/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [778948] --[Edited 06/09/2021 by EKD - compliance review complete] This document has been amended. See Doc No. [66] [Naveen Modi] [Entered: 06/07/2021 11:21 PM] (278)
Apr 12, 2021 42 **TEXT ONLY** ORDER granting motion to extend time to file brief [41] filed by Appellant VirnetX Inc. The opening brief is due 06/07/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [767924] [EKD] [Entered: 04/12/2021 09:24 AM] (0)
Apr 9, 2021 41 MOTION of Appellant VirnetX Inc. to extend the time to 06/07/2021 to file brief. Service: 04/09/2021 by email. [767694] [20-2271] [Naveen Modi] [Entered: 04/09/2021 10:15 AM] (10)
Mar 30, 2021 40 Docketing Statement for the Intervenor Andrew Hirshfeld. Service: 03/30/2021 by email. [765536] [20-2271] [Maureen Queler] [Entered: 03/30/2021 09:09 AM] (0)
Mar 17, 2021 39 Notice from Appellant VirnetX Inc. Regarding Withdrawal of Counsel for Appellant. Service: 03/17/2021 by email. [762992] [20-2271] [Naveen Modi] [Entered: 03/17/2021 02:23 PM] (0)
Mar 16, 2021 38 ORDER filed modifying the official caption. The United States Patent and Trademark Office is added as an intervenor in Appeal Nos. 2020-2271 and 2020-2272. The revised official captions are reflected above. The Patent Office is directed to file a docketing statement in Appeal Nos. 2020-2271 and 2020-2272 no later than 14 days from the date of filing of this order. VirnetX's motion to vacate and remand [20] is denied without prejudice to raising its challenges in its opening brief. VirnetX's opening brief in Appeal Nos. 2020-2271 and 2020-2272 is due no later than 40 days from the date of filing of this order. Apple's motion [35] [758243-2] is granted. The above-captioned appeals shall be considered companion cases and assigned to the same merits panel. (Per Curiam). Service as of this date by the Clerk of Court. [762699] [20-2271, 21-1672] [LMS] [Entered: 03/16/2021 02:48 PM] (0)
Mar 15, 2021 37 REPLY of Appellee Apple Inc. to response [36]. Service: 03/15/2021 by email. [762204] [20-2271] [William Lee] [Entered: 03/15/2021 11:57 AM] (0)
Mar 8, 2021 36 RESPONSE of Appellant VirnetX Inc. to Doc No. [35]. Service: 03/08/2021 by email. [760890] [20-2271] [Naveen Modi] [Entered: 03/08/2021 04:36 PM] (0)
Feb 24, 2021 35 MOTION of Appellee Apple Inc. to treat as companion cases. Service: 02/24/2021 by email. [758237] [20-2271] [William Lee] [Entered: 02/24/2021 11:22 AM] (0)
Jan 21, 2021 34 REPLY of Appellant VirnetX Inc. to response [26], response [33]. Service: 01/21/2021 by email. [750797] [20-2271] [Naveen Modi] [Entered: 01/21/2021 08:28 PM] (0)
Jan 13, 2021 31 Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 01/13/2021 by email. [749316] [20-2271] [Maureen Queler] [Entered: 01/13/2021 04:13 PM] (0)
Jan 13, 2021 32 Entry of appearance for Maureen D. Queler; Thomas W. Krause; Farheena Y. Rasheed; Kakoli Caprihan as counsel for the Director of the United States Patent and Trademark Office. Service: 01/13/2021 by email. [749319] [20-2271] [Maureen Queler] [Entered: 01/13/2021 04:16 PM] (0)
Jan 13, 2021 33 RESPONSE from Intervenor, Director of the United States Patent and Trademark Office to the motion to terminate appeal [20]. Service: 01/13/2021 by email. [749322] [20-2271] [Maureen Queler] [Entered: 01/13/2021 04:21 PM] (0)
Dec 23, 2020 29 REPLY of Appellant VirnetX Inc. to response [28]. Service: 12/23/2020 by email. [744954] [20-2271] [Naveen Modi] [Entered: 12/23/2020 08:40 AM] (6)
Dec 23, 2020 30 ORDER Notice of VirnetX's constitutional challenge [22] is hereby certified to the Attorney General. Any notice of intervention and opposition to the motion by the United States is due within 21 days of the date of filing of this order. VirnetX's reply is due within 7 days thereafter. VirnetX's motion to extend time [27] is denied as moot. Service as of this date by the Clerk of Court. [745118] [LMS] [Entered: 12/23/2020 02:24 PM] (3)
Dec 22, 2020 28 RESPONSE of Appellee Apple Inc. to the motion to extend time to file [27]. Service: 12/22/2020 by email. [744769] [20-2271] [William Lee] [Entered: 12/22/2020 02:09 PM] (9)
Dec 21, 2020 23 Amended Certificate of Interest for Appellee Black Swamp IP, LLC. Service: 12/21/2020 by email. [744375] [20-2271] [Wesley Meinerding] [Entered: 12/21/2020 02:45 PM] (3)
Dec 21, 2020 24 Entry of appearance for Steven J. Horn; Alison Burton as counsel for Appellee Apple Inc.. Service: 12/21/2020 by email. [744476] [20-2271] [Steven Horn] [Entered: 12/21/2020 04:54 PM] (2)
Dec 21, 2020 25 Amended Certificate of Interest for Appellee Apple Inc.. Service: 12/21/2020 by email. [744482] [20-2271] [William Lee] [Entered: 12/21/2020 04:58 PM] (3)
Dec 21, 2020 26 RESPONSE of Appellees Apple Inc. and Black Swamp IP, LLC to the motion [20]. Service: 12/21/2020 by email. [744485] [20-2271] [William Lee] [Entered: 12/21/2020 04:59 PM] (167)
Dec 21, 2020 27 MOTION of Appellant VirnetX Inc. to extend time. Service: 12/21/2020 by email. [744538] [20-2271] [Naveen Modi] [Entered: 12/21/2020 11:42 PM] (7)
Dec 17, 2020 22 Notice from Appellant VirnetX Inc. regarding constitutional challenge pursuant to Federal Rule of Appellate Procedure 44(a). Service: 12/17/2020 by email. [743631] [20-2271] [Naveen Modi] [Entered: 12/17/2020 08:22 PM] (3)
Dec 15, 2020 20 MOTION of Appellant VirnetX Inc. to terminate appeal through remand. Cases to be terminated: 20-2271, 20-2272. (Briefing suspended pursuant to FCR 31 pending resolution of the motion).. Service: 12/15/2020 by email. [743026] [20-2271] [Naveen Modi] [Entered: 12/15/2020 10:50 PM] (454)
Dec 15, 2020 21 Entry of appearance for Michael A. Wolfe as counsel for Appellant VirnetX Inc.. Service: 12/15/2020 by email. [743029] [20-2271] [Michael Wolfe] [Entered: 12/15/2020 11:15 PM] (1)
Oct 27, 2020 19 Corrected Entry of appearance for Thomas H. Martin; Wesley C. Meinerding as counsel for Appellee Black Swamp IP, LLC. Service: 10/27/2020 by email. [731682] [20-2271] [Thomas Martin] [Entered: 10/27/2020 01:27 PM] (1)
Oct 22, 2020 17 NOTICE OF NON-COMPLIANCE: The submission of Appellee Black Swamp IP, LLC, Entry of Appearance [15], is not in compliance with the rules of this court (see attached). Compliant document is due on 10/29/2020. Service as of this date by the Clerk of Court. [730807] [EKD] [Entered: 10/22/2020 12:29 PM] (1)
Oct 22, 2020 18 Certified list received. Service: 10/22/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [730885] [EKD] [Entered: 10/22/2020 03:57 PM] (85)
Oct 20, 2020 13 Notice to Appellee Black Swamp IP, LLC: The record of this case indicates that no Entry of Appearance under FCR 47.3(b) has been filed. The record of this case indicates that no Certificate of Interest under FCR 47.4 has been filed. The record of this case indicates that no Docketing Statement under FCR 33.1(a) has been filed. Failure to file required documents may result in adverse action. See FCR 25(h). Service as of this date by the Clerk of Court. [730219] [EKD] [Entered: 10/20/2020 01:00 PM] (0)
Oct 20, 2020 14 Certificate of Interest for Appellee Black Swamp IP, LLC. Service: 10/20/2020 by email. [730293] [20-2271] [Wesley Meinerding] [Entered: 10/20/2020 03:34 PM] (3)
Oct 20, 2020 15 Entry of appearance for Thomas H. Martin; Wesley C. Meinerding as counsel for Appellee Black Swamp IP, LLC. Service: 10/20/2020 by email. [730300] [20-2271] This document is non-compliant. See Doc No. [17] [Wesley Meinerding] [Entered: 10/20/2020 03:38 PM] (1)
Oct 20, 2020 16 Docketing Statement for the Appellee Black Swamp IP, LLC. Service: 10/20/2020 by email. [730303] [20-2271] [Wesley Meinerding] [Entered: 10/20/2020 03:39 PM] (2)
Sep 29, 2020 4 Entry of appearance for William F. Lee; Mark C. Fleming; Lauren B. Fletcher; Brittany Blueitt Amadi; Thomas G. Sprankling; Jeffrey P. Kushan; Scott Border as counsel for Appellee Apple Inc.. Service: 09/29/2020 by email. [725097] [20-2271] [William Lee] [Entered: 09/29/2020 11:30 AM] (2)
Sep 29, 2020 5 Certificate of Interest for Appellee Apple Inc.. Service: 09/29/2020 by email. [725098] [20-2271] [William Lee] [Entered: 09/29/2020 11:32 AM] (3)
Sep 29, 2020 6 Docketing Statement for the Appellee Apple Inc.. Service: 09/29/2020 by email. [725100] [20-2271] [William Lee] [Entered: 09/29/2020 11:33 AM] (2)
Sep 29, 2020 7 Entry of appearance for James T. Bailey as counsel for Appellee Mangrove Partners Master Fund, Ltd.. Service: 09/29/2020 by email. [725200] [20-2271] [James Bailey] [Entered: 09/29/2020 03:25 PM] (3)
Sep 29, 2020 8 Certificate of Interest for Appellee Mangrove Partners Master Fund, Ltd.. Service: 09/29/2020 by email. [725203] [20-2271] [James Bailey] [Entered: 09/29/2020 03:29 PM] (4)
Sep 29, 2020 9 Docketing Statement for the Appellee Mangrove Partners Master Fund, Ltd.. Service: 09/29/2020 by email. [725205] [20-2271] [James Bailey] [Entered: 09/29/2020 03:32 PM] (3)
Sep 29, 2020 10 Entry of appearance for Naveen Modi; Joseph E. Palys; Stephen B. Kinnaird; Igor V. Timofeyev; Daniel Zeilberger as counsel for Appellant VirnetX Inc.. Service: 09/29/2020 by email. [725296] [20-2271] [Naveen Modi] [Entered: 09/29/2020 08:18 PM] (2)
Sep 29, 2020 11 Certificate of Interest for Appellant VirnetX Inc.. Service: 09/29/2020 by email. [725297] [20-2271] [Naveen Modi] [Entered: 09/29/2020 08:19 PM] (3)
Sep 29, 2020 12 Docketing Statement for the Appellant VirnetX Inc.. Service: 09/29/2020 by email. [725298] [20-2271] [Naveen Modi] [Entered: 09/29/2020 08:20 PM] (4)
Sep 25, 2020 2 ORDER consolidating appeals 20-2271 with 20-2272. The Certified Lists are due no later than October 26, 2020. Service as of this date by the Clerk of Court. [724480] [20-2271, 20-2272] [EKD] [Entered: 09/25/2020 11:52 AM] (2)
Sep 25, 2020 3 Note to File: The following cases are consolidated: 20-2271 Lead with 20-2272 Consolidated Member Case. The parties must file all documents in the lead appeal only. [724481] [20-2271, 20-2272] [EKD] [Entered: 09/25/2020 11:55 AM] (0)
Sep 15, 2020 1 Appeal docketed. Received: 09/14/2020. [721728] Entry of Appearance is due on 09/29/2020. Certificate of Interest is due on 09/29/2020. Docketing Statement is due on 09/29/2020. Certified List is due on 10/26/2020. [EKD] [Entered: 09/15/2020 01:46 PM] (72)
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