ZEPHYR COVE, Nevada.,– August 4, 2014 – VirnetX™ Holding Corporation (NYSE MKT: VHC), an Internet security software and technology company, announced today that last Friday the United States Patent and Trademark Office (USPTO) granted two petitions for inter partes review (IPR) filed by Microsoft Corporation. These petitions seek review of certain claims of VirnetX’s U.S. Patent No. 7,987,274 (‘274 patent).
The ‘274 patent is one of six VirnetX patents that were asserted in a patent infringement suit against Microsoft in 2013. VirnetX has accused Microsoft of willful infringement in that lawsuit. Last week VirnetX announced that the USPTO had denied Microsoft’s petitions seeking inter partes review of two other patents, VirnetX’s 6,502,135 (‘135 patent) and 7,188,180 (‘180 patent) that are also part of that lawsuit. Microsoft was found to willfully infringe both ‘135 and ‘180 patents in a prior lawsuit between Microsoft and VirnetX.
“We have come to expect patent reviews at the Patent Office as part of the patent infringement litigation process,” said Kendall Larsen, VirnetX CEO and President. “As with our ‘135 and ‘180 patents that were ultimately found valid and patentable during reexamination proceedings in 2010, we are optimistic of achieving the same results with these inter partes reviews of the ’274 patent.”
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 May 09, 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.