ZEPHYR COVE, Nev., Feb. 11, 2020 /PRNewswire/ -- 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")
issued an order denying Apple's petition for panel and en banc
rehearing of the decision issued in Appeal No. 2019-1050.
Previously, in the appeal, the Federal Circuit affirmed-in-part and
reversed-in-part a judgment issued against Apple by the United States District Court for the
Eastern District of Texas.
In its opinion 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's opinion remanded the case 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."
"We are extremely pleased with the Federal Court's decision to
deny Apple's requests for an en banc and panel rehearing," said
Kendall Larsen, VirnetX CEO and
President.
About VirnetX
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
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 Annual Report on Form 10-K filed on March 19, 2019 and Quarterly Report on Form 10-Q
filed with the SEC on November 8,
2019. 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
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