Court Affirms Infringement with Respect to VPN-on-Demand Feature of 384 Million Units; Reverses with Respect to Facetime Feature
ZEPHYR COVE, Nevada.,– November 22, 2019 – VirnetX™ Holding Corporation (NYSE AMERICAN: VHC), an Internet security software and technology company, announced today that the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”) has issued a decision in the Federal Circuit case titled “Appeal from the United States District Court for the Eastern District of Texas in Nos. 6:11-cv-00563-RWS, 6:12-cv-00855-RWS, Judge Robert Schroeder, III” (the “Apple II case”), affirming-in-part and reversing-in-part the judgment issued by the United States District Court for the Eastern District of Texas in this case.
The Federal Circuit affirmed the district court’s ruling that Apple was precluded from challenging the validity of the asserted patents. Apple, the Court held, had unsuccessfully litigated the same issues in a previous case, and was barred from reprising those challenges. The Federal Circuit also affirmed the jury’s finding that Apple’s VPN-on-Demand feature infringes U.S. Patent Nos. 6,502,135 and 7,490,151. The Federal Circuit reversed, however, the finding that Apple’s FaceTime feature infringes U.S. Patent Nos. 7,418,504 and 7,921,211.
The Federal Circuit remanded to the district court for an assessment of whether a new trial was required on damages, given the reversal of the infringement finding as to FaceTime. The Court noted, however, that Apple had sold about 418 million units, including “over 384 million units having both FaceTime and VPN on Demand,” and “34 million units having only FaceTime.”
VirnetX Holding Corporation is an Internet security software and technology company with patented technology for secure communications including 4G LTE and 5G security. The Company’s software and technology solutions, including its secure domain name registry and Gabriel Connection Technology™, are designed to facilitate secure communications and to create a secure environment for real-time communication applications such as instant messaging, VoIP, smart phones, eReaders and video conferencing. The Company’s patent portfolio includes over 115 U.S. and international patents and over 50 pending applications. For more information, please visit www.virnetx.com
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VirnetX Holding Corporation