Validity of VirnetX Patents Affirmed by Fed Circuit
VirnetX Holding Corporation, an Internet security software and technology company, announced today that the United States Court of Appeals for the Federal Circuit issued their ruling in the VirnetX vs. Apple (13-1489-LP VirnetX, Inc. v. Cisco Systems, Inc. (10-CV-0417)) infringement lawsuit.
In that ruling, The USCAFC affirmed the jury’s finding that all 4 of VirnetX’s patents are valid, confirmed the jury’s finding of infringement of VPN on Demand under many of the asserted claims of the ‘135 and ‘151 patents, and confirmed the district’s court’s decision to allow evidence concerning the VirnetX’s licenses and royalty rates in connection with the determination of damages.
In its order, the USCAFC also vacated the jury’s damages award and the district court’s claim construction with respect to parts of the ‘504 and ‘211 patents and remanded the damages award and determination of infringement with respect to FaceTime Ã¢â‚¬â€œ for further proceedings consistent with its opinion.
“While we are disappointed that the Federal Circuit has vacated portions of the judgment for further proceedings, we are bolstered by the fact that the patents were again found valid and that it was confirmed that Apple’s VPN on Demand functionality infringes the VirnetX patents,” said Kendall Larsen, VirnetX CEO and President.
“We look forward to readdressing the FaceTime infringement and damages issues as soon as possible.”