Case: 17-2593 Document: 33 Page: 1 Filed: 10/25/2019

1(202) 551-1990
naveenmodi@paulhastings.com

October 25, 2019

VIA ECF

Peter R. Marksteiner
Circuit Executive and Clerk of Court
U.S. Court of Appeals for the Federal Circuit
717 Madison Place, N.W.
Washington, D.C. 20439

Re: VirnetX Inc. v. Iancu, Nos. 17-2593, -2594 — Response to Court’s January 19, 2018
Order

Dear Col. Marksteiner:

On January 19, 2018, this Court granted Appellant VirnetX Inc.’s (“VirnetX’s”)
unopposed motion to stay the briefing schedule in these consolidated appeals pending the
Court’s disposition of related appeals, VirnetX Inc. v. Apple Inc., Cisco Systems, Inc., Nos. 17-
1591, -1592, -1593. The Court directed the parties to inform the Court within 14 days of the
Court’s resolution of those related appeals how they believe the present appeals should
proceed.

The Court issued its decision in Nos. 17-1591, -1592, -1593 on August 1, 2019, and
denied rehearing and rehearing en banc on October 11, 2019. The deadline for the parties to
respond to the Court’s January 19, 2018 order regarding the future conduct of the present
appeals is October 25, 2019.

Counsel for VirnetX and counsel for Intervenor, the U.S. Patent and Trademark Office,
are currently discussing the most efficient way for these appeals to proceed in light of the
decision in Nos. 17-1591, -1592, -1593 and this Court’s intervening decisions in other related
appeals. The parties respectfully request an extension of seven days, until November 1, 2019,
to conclude these discussions and to inform the Court how they believe the instant appeals
should proceed.

Respectfully submitted,

/s/ Naveen Modi /s/ Farheena Rasheed

Naveen Modi Farheena Rasheed

Counsel for Appellant VirnetX Inc. Counsel for Intervenor
U.S. Patent and Trademark Office
 Case: 17-2593 Document: 33 Page: 2 Filed: 10/25/2019

CERTIFICATE OF SERVICE

I hereby certify that I filed the foregoing document with the Clerk of the

United States Court of Appeals for the Federal Circuit via the CM/ECF system this

25th day of October, 2019, and also served a copy on counsel of record via the

CM/ECF system.

Date: October 25, 2019 BY: /s/Naveen Modi

Naveen Modi
Paul Hastings LLP
875 15th Street, N.W.
Washington, D.C. 20005
Tel.: (202) 551-1700
Fax: (202) 551-1705
Email: naveenmodi@paulhastings.com