Court Denies Apple Motion Alleging Indefiniteness in Markman Ruling
ZEPHYR COVE, Nevada.,– August 11, 2014 – VirnetX™ Holding Corporation (NYSE MKT: VHC), an Internet security software and technology company, announced today that on August 8, 2014, the United States District Court for the Eastern District of Texas, Tyler Division, issued its patent claim construction, or “Markman” Order (“Markman Order”), and ruled on a VirnetX motion in the ongoing patent infringement action between VirnetX Inc. (“VirnetX”) and Apple, Inc (“Apple”) (VirnetX vs. Apple, Inc., Case 6:12-CV-00855-LED). Both parties had presented arguments on the disputed terms along with various other motions at a Markman hearing on May 20, 2014.
In the Markman order, the court denied Apple’s Motion for Summary Judgment of Indefiniteness, in which Apple alleged that some of the disputed claims terms in the patents asserted by VirnetX were invalid for indefiniteness. In a separate order, the court granted in part and denied in part VirnetX’s Motion for Partial Summary Judgment on Apple’s Invalidity Counterclaims. The court’s order precludes Apple from asserting invalidity as a defense against infringement of the claims that were tried before a jury in VirnetX’s prior litigation against Apple (VirentX vs. Cisco et. al., Case 6:10-CV-00417-LED (“Apple I”)). Apple is not precluded from asserting invalidity as a defense against infringement of the claims that were not tried before a jury in the Apple I case.
“We are extremely pleased with the court’s rulings and we remain confident in the merits of our complaint against Apple,” said Kendall Larsen, VirnetX CEO and President. “We believe the court’s Markman Order and motion ruling represents another significant step towards the successful resolution of this litigation.”
VirnetX Holding Corporation is an Internet security software and technology company with patented technology for secure communications including 4G LTE 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 80 U.S. and international patents with over 100 pending applications. For more information, please visit www.virnetx.com.
Forward Looking Statements
Statements in this press release that are not statements of historical or current fact, including statements regarding the strength of Virnetx’s intellectual property, constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are based on expectations, estimates and projections about the markets in which the Company operates, management’s beliefs, and certain assumptions made by management and involve known and unknown risks, uncertainties and other unknown factors that could cause the actual results of the Company to be materially different from the historical results or from any future results expressed or implied by such forward-looking statements, including but not limited to (1) the outcome of any legal proceedings that have been or may be initiated by the Company or that may be initiated against the Company;, including pending and future inter partes review proceedings in the Patent and Trademark Office (2) the ability to capitalize on the Company’s patent portfolio and generate licensing fees and revenues; (3) the ability of the Company to be successful in entering into licensing relationships with its targeted customers on commercially acceptable terms; (4) potential challenges to the validity of the Company’s patents underlying its licensing opportunities; (5) the ability of the Company to achieve widespread customer adoption of the Company’s GABRIEL Communication Technology™ and its secure domain name registry; (6) the level of adoption of the 3GPP Series 33 security specifications; (7) whether or not the Company’s patents or patent applications may be determined to be or become essential to any standards or specifications in the 3GPP LTE, SAE project or otherwise; (8) the extent to which specifications relating to any of the Company’s patents or patent applications may be adopted as a final standard, if at all; and (9) the possibility that Company may be adversely affected by other economic, business, and/or competitive factors. In addition to statements which explicitly describe such risks and uncertainties, readers are urged to consider statements labeled with the terms “believes,” “belief,” “expects,” “intends,” “anticipates,” or “plans” to be uncertain and forward-looking. The forward-looking statements contained herein are also subject generally to other risks and uncertainties that are described from time to time in the Company’s reports and registration statements filed with the Securities and Exchange Commission, including those under the heading “Risk Factors” in Company’s Quarterly Report on Form 10-Q filed with the SEC on August 08, 2014. Many of the factors that will determine the outcome of the subject matter of this press release are beyond the Company’s ability to control or predict. Except as required by law, the Company is under no duty to update any of the forward-looking statements after the date of this press release to conform to actual results.