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About VirnetX Inc.
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Patent Information for VirnetX Inc.
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News
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Federal Circuit Affirms Most of Cisco Reexam Win Against VirnetX
July 7, 2019The Federal Circuit has largely upheld an invalidity ruling for Cisco against a patent asserted by VirnetX, Inc. throughout its long-running litigation campaign. On June 28, the court reversed the invalidation of three claims cancelled in a Cisco inter partes reexamination, ruling that the Patent Trial and Appeal Board (PTAB) had erred by not considering certain arguments and by not making certain factual findings. It therefore remanded the case for further consideration of those claims (2018-1751), after affirming the PTAB’s invalidation of 33 other claims from the same patent, finding no reversible error in that portion of the Board’s analysis. The affected patent has been asserted in multiple VirnetX cases that have gone to trial, including one that led to a 2013 noninfringement verdict as to Cisco and several verdicts involving Apple, some of which have been overturned amidst an ongoing appellate battle between Apple and the NPE.
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Federal Circuit Rejects VirnetX Appeal of Apple IPR Victory Due to Issue Preclusion
December 14, 2018The Federal Circuit has declined to overturn a pair of final decisions by the Patent Trial and Appeal Board (PTAB) that cancelled claims from a VirnetX Inc. patent in an Apple inter partes review (IPR), holding that the NPE’s appeal was barred by issue preclusion. VirnetX had challenged the Board’s June 2017 decisions that certain claims from the challenged patent were invalid as obvious in light of a single prior art reference. However, in a December 10 opinion, the Federal Circuit held that VirnetX was collaterally estopped from disputing whether that reference was prior art, since in March 2017 the court had summarily affirmed multiple PTAB decisions that the same reference qualified as a printed publication in several other Apple IPRs against related patents (2017-2490, 2017-2494). Issue preclusion was applicable here in the Rule 36 context, the court ruled, because those decisions necessarily turned on a single issue: whether the aforementioned reference counted as prior art for the challenged patent family. The Federal Circuit also declined to allow VirnetX to proceed based on an alternative, constitutional argument, holding that it had failed to properly preserve the issue.
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Texas Judge Upholds VirnetX Verdict Against Apple over Claims Cancelled by PTAB, but Declines to Enhance Damages or Grant Injunction
September 7, 2018A Texas judge has upheld a pair of infringement verdicts issued in April for VirnetX Inc. against Apple, in which a jury found that the company had infringed claims from four patents through certain versions of the FaceTime and VPN on Demand features offered on iOS and macOS devices (6:12-cv-00855). In an order issued on August 30, District Judge Robert Schroeder III denied Apple’s motion judgment as a matter of law or for a new trial as to both verdicts, the first of which included a damages award of $502.6M and the second of which included a finding of willfulness. However, Judge Schroeder also declined to award VirnetX enhanced damages and denied the NPE’s request for an injunction. Meanwhile, each of the claims Apple was found to infringe was cancelled by the Patent Trial and Appeal Board (PTAB) before the trial in the -855 case, in inter partes reviews (IPRs) filed by Apple and other parties, and appeals of those decisions remain active before the Federal Circuit.
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PTAB Sees Activity in Long-Running, Convoluted Campaigns in May 2018
June 8, 2018Throughout May 2018, the Patent Trial and Appeal Board (PTAB) saw activity in multiple long-running campaigns, including challenges brought against patents and plaintiffs with colorful and tangled litigation histories. The Board saw petitions for AIA review brought in May against Publishing Technologies LLC, an NPE controlled by patent attorney and frequent litigant Bradley D. Liddle; in the mobile devices campaign waged by AGIS Software Development LLC; and in the networking campaign brought by XR Communications, LLC. Also in May, the Board instituted trial for inter partes reviews (IPRs) against Iridescent Networks, Inc. and Oyster Optics, LLC. Final decisions issued in May include three against prolific plaintiff Realtime Data LLC, which saw claims cancelled from one of its data compression patents while another two survived unscathed, as well as final decisions cancelling claims from patents held by General Patent Corporation and VirnetX Holding Corporation.
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VirnetX Awarded $502.6M in Trial Against Apple over Claims Cancelled by PTAB
April 13, 2018A Texas jury has issued a verdict for VirnetX Inc., finding that Apple infringed claims from four patents through certain versions of the FaceTime and VPN on Demand features offered on iOS and macOS devices (6:12-cv-00855). The April 10 verdict also included a damages award of $502.6M, while a second verdict issued on April 12 included a finding of willfulness. However, all of the claims that Apple was found to infringe have been invalidated by the Patent Trial and Appeal Board (PTAB) in inter partes reviews (IPRs) filed by Apple and other parties, with two of the patents also invalided through reexamination. Appeals of those decisions are currently pending before the Federal Circuit.
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February Saw PTAB Activity in Notable Campaigns Involving Public and Private Plaintiffs
March 16, 2018The Patent Trial and Appeal Board (PTAB) saw activity in a variety of notable campaigns throughout February 2018, with petitions for inter partes review (IPR) filed against publicly traded Quarterhill Inc. as well as Fundamental Innovation Systems International LLC, Intellectual Ventures LLC, Realtime Data LLC, and Uniloc Corporation Pty. Limited. The Board also instituted trial in February for IPRs against General Patent Corporation, Oyster Optics, LLC, and Uniloc. In addition, the PTAB issued final decisions throughout February in IPRs against a range of different patent owners, including publicly traded NPEs (Acacia Research Corporation; InterDigital, Inc.; and VirnetX Inc.), an individual inventor (Daniel L. Flamm), and privately held plaintiffs (ChanBond, LLC; Makor Issues & Rights Ltd.; Papst Licensing GmbH & Company Kg; and Personalized Media Communications, LLC).
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Texas Judge Issues $439M Judgment in VirnetX Case Against Apple, with PTAB’s Cancellation of Tried Claims on Appeal
October 20, 2017A Texas judge has issued a final judgment in one of VirnetX Inc.’s two cases against Apple. In an order issued on September 29 and unsealed on October 13, District Judge Robert W. Schroeder III awarded enhanced damages, attorney fees, and interest to VirnetX, bringing the total judgment to $439M, up from the $302M in damages established by a September 2016 jury verdict (6:10-cv-00417). The judgment follows a significant loss for VirnetX before the Patent Trial and Appeal Board (PTAB), which in June cancelled all of the claims Apple had been found to infringe from both of the patents that went to trial in two inter partes reviews (IPRs) filed by Black Swamp IP, LLC (IPR2016-00693, IPR2016-00957). The Board has also collectively cancelled all claims from both patents in four inter partes reexaminations filed by Apple and Cisco. Federal Circuit appeals of both IPR decisions and three of the reexaminations are currently pending.
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June Sees PTAB Petitions and Decisions in Large and Long-Running Campaigns
July 8, 2017The Patent Trial and Appeal Board (PTAB) saw petitions for AIA review filed against a variety of prolific litigants in June 2017, including General Patent Corporation, Intellectual Ventures LLC (IV), Quarterhill Inc. (f/k/a Wi-LAN Inc.), Realtime Data LLC, Uniloc Corporation Pty. Limited, and Xperi Corporation (f/k/a Tessera Holding Corporation). Also in June, the PTAB instituted trial for petitions brought against patents asserted in a variety of sprawling campaigns, including some waged by Acacia Research Corporation, IV, Papst Licensing, Quarterhill, and VirnetX Inc. The Board further issued final decisions throughout June in AIA reviews against patents involved in several notable campaigns, including some waged by Document Security Systems, Inc., Elm 3DS Innovations LLC, Empire IP LLC, and Quarterhill.
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Acacia’s 2016 Revenue Jumps as VirnetX’s Stagnates, While Both Report Net Losses for the Year
March 17, 2017Acacia Research Corporation has announced a 22 percent revenue increase for fiscal year 2016 and a dip in revenue for Q4, disclosing losses for both the quarter and the year that were significantly smaller than those in 2015. Meanwhile, VirnetX Holding Corporation reported stagnant revenue for 2016 along with a loss of its own, as it continues to experience setbacks in its sole litigation campaign due to post-trial rulings and the invalidation of multiple asserted patents.
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Texas Jury Awards VirnetX $302M in Trial Against Apple
October 7, 2016A Texas jury has issued a verdict against Apple in a lawsuit brought by VirnetX Inc., finding that the company infringed a pair of patents (7,418,504; 7,921,211) through its FaceTime feature (6:10-cv-00417). The September 30 verdict included a $302M damages award that covered FaceTime, as well as Apple’s VPN on Demand feature, which had been the subject of another infringement verdict handed down earlier in this same case. The current verdict comes after a late July win for Apple in another suit (6:12-cv-00855) brought against it by VirnetX; there, a Texas judge reversed a $625M jury verdict and granted Apple a new trial.
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PTAB Cancels Claims from Two VirnetX Patents Related to Others Asserted in $625M Apple Suit
September 9, 2016The Patent Trial and Appeal Board (PTAB) has cancelled claims from two VirnetX Inc. patents (8,850,009; 8,868,705) in multiple inter partes reviews (IPRs) filed by Apple. In two final decisions issued on August 30, and one issued on September 8, the PTAB ruled that asserted claims 1-8, 10-20, and 22-25 of the ‘009 patent (IPR2015-00812) and all 34 claims of the ‘705 patent (IPR2015-00810, IPR2015-00811) are invalid as obvious over various combinations of prior art. While these patents have not yet been involved in litigation, they belong to the same family as four other patents that the NPE has asserted against Apple, which led to a $625 infringement verdict issued in February 2016 that was overturned in July.
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Texas Judge Reverses $625M VirnetX Jury Verdict Against Apple
August 4, 2016A Texas judge has overturned VirnetX Inc.’s $625M infringement verdict against Apple. In an order issued on July 29, District Judge Robert Schroeder III granted a motion for new trial filed by Apple, accepting the company’s arguments that the consolidation of two cases involving different versions of the same accused features had resulted in undue prejudice and confusion to the jury (6:10-cv-00417, 6:12-cv-00855). Judge Schroeder ruled that prejudice had indeed resulted from repeated mentions of the first infringement verdict at trial due to the “incredibly similar issues” shared by the cases. The complexity of the issues involved, Judge Schroeder continued, “magnified the risk of deference” to the first case, especially since the jury had been tasked with relying on the first verdict for the issue of willfulness but ignoring it for others. Confusion had also likely resulted from the fact that the earlier verdict had been partially reversed on appeal. Judge Schroeder concluded by reversing the court’s consolidation order, bifurcating the issue of willfulness in both cases, and scheduling jury selection in September for the retrial of the first-filed case.
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