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PTAB Cancels Claims from Two VirnetX Patents Related to Others Asserted in $625M Apple Suit

September 9, 2016

The 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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