ZEPHYR COVE, Nev., Dec. 9, 2016 /PRNewswire/ -- VirnetX™ Holding
Corporation (NYSE MKT: VHC), an Internet security software and
technology company, announced today that on December 9, 2016, the
United States Court of Appeals for the Federal Circuit
issued three decisions in appeals stemming from inter partes review
proceedings IPR2014-00237, IPR2014-00238, IPR2014-00403,
IPR2014-00404, IPR2014-00481, IPR2014-00482, and inter partes
reexamination 95/001,949. In the first decision, Appeal No.
15-1934, dealing with IPR2014-00237 and IPR2014-00238, the Federal
Circuit affirmed the Patent Trial and Appeal Board's decision to
invalidate claims of U.S. Patent No. 8,504,697 ('697). Judge
O'Malley dissented, indicating she "would reverse." In the
second decision, Appeal No. 16-1211, dealing with IPR2014-00403,
IPR2014-00404, IPR2014-00481, and IPR2014-00482, the Federal
Circuit affirmed the Patent Trial and Appeal Board's decision to
invalidate claims of U.S. Patent Nos. 7,188,180 ('180) and
7,987,274 ('274). In the third decision, Appeal No. 16-1480,
dealing with inter partes reexamination 95/001,949 the Federal
Circuit affirmed the Patent Trial and Appeal Board's decision to
invalidate claims of U.S. Patent No. 8,051,181 ('181).
"We are disappointed by and disagree with the Federal Circuit's
decisions affirming the Patent Trial and Appeal Board," said
Kendall Larsen, VirnetX CEO and
President. "However, we are heartened by the strong dissent in one
of the appeals. We are evaluating all of our options, including
potentially seeking rehearing en banc."
VirnetX has two currently-pending patent infringement lawsuits
against Apple Inc., in United
States Court for the Eastern District of Texas, Tyler Division. The Apple I case and
Case No. 6:12-cv-00855 ("Apple II") which covers issues of alleged
infringement, damages and willfulness by Apple's redesigned VOD in
iOS 7 and 8, the redesigned FaceTime in iOS 7 and 8 and OS X 10.9
and 10.10 and iMessage. None of the patents considered in these
decisions are at issue in the Apple I or Apple II cases pending
against Apple. Those matters include U.S. Patent Nos. 6,502,135,
7,490,151, 7,418,504, and 7,921,211.
About VirnetX
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 115 U.S.
and international patents and over 50 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
November 9, 2016. 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.
Contact:
Investor Relations
VirnetX Holding Corporation
775.548.1785
ir@virnetx.com
VirnetX, Gabriel Collaboration Suite, Gabriel Secure
Communications Platform and GABRIEL Connection Technology are
trademarks of VirnetX Holding Corporation. Other company and
product names may be trademarks of their respective owners.
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SOURCE VirnetX Holding Corporation