VirnetX Receives Markman Order in Patent Infringement Action Against Microsoft
July 31 2009 - 2:14PM
PR Newswire (US)
VirnetX Optimistic, Views Ruling as Very Favorable SCOTTS VALLEY,
Calif., July 31 /PRNewswire-FirstCall/ -- VirnetX Holding
Corporation (NYSE Amex: VHC) announced today that the United States
District Court for the Eastern District of Texas, Tyler Division,
issued its patent claim construction, or "Markman" Order ("Markman
Order") in the ongoing patent infringement action between VirnetX
Inc. ("VirnetX") and Microsoft Corporation ("Microsoft"). In a
Markman ruling, a district court hearing a patent infringement case
interprets and rules on the scope and meaning of disputed patent
claim language regarding the patents in suit. A Markman decision is
often a significant factor in the progress and outcome of patent
infringement litigation. In the recently issued Markman Order, the
Court adopted interpretations that VirnetX believes are favorable
to VirnetX on many of the claim terms that were in dispute in the
litigation. The litigation, which the company previously announced
it had filed in February, 2007, involves Microsoft's development
and marketing of certain of its products that the company believes
infringe three patents owned by VirnetX. "We are extremely pleased
with the Court's Markman Order. We remain confident in our position
concerning Microsoft's infringement of the patents at issue," said
Kendall Larsen, VirnetX's chairman, president and CEO. "While the
outcome of this and any legal matter is unpredictable, we believe
the Court's Markman Order is another significant step towards the
successful resolution of this litigation and further validates
VirnetX's ongoing commitment to the enforcement of our intellectual
property and protection of our investment in patent-protected
licensing and research and development." About VirnetX VirnetX
Holding Corporation, a secure real-time communications and
collaboration technology company, is engaged in commercializing its
patent portfolio by developing a licensing program, as well as
developing software products designed to create a secure
environment for real-time communications such as instant messaging
and Voice over Internet Protocol. The Company's patent portfolio
includes over 25 U.S. and foreign patents and pending applications
which specifically cover the Company's unique GABRIEL Connection
Technology. For more information, please visit
http://www.virnetx.com/ Safe Harbor Statement Statements in this
report that are not statements of historical or current fact
constitute "forward-looking statements" within the meaning of the
Private Securities Litigation Reform Act of 1995. Such
forward-looking statements involve known and unknown risks,
uncertainties and other unknown factors that could cause the actual
results and actions of VirnetX to be materially different from the
historical results or actions or from any future results or actions
expressed or implied by such forward-looking statements. VirnetX's
actual results or actions including the final outcome of its legal
action against Microsoft and the success of VirnetX's litigation
strategy in pursuing its patent infringement claims may differ
significantly from the results discussed in the forward-looking
statements as a result of a number of factors, including resolution
of the remaining phases of the Microsoft action and possible
appeals, VirnetX's ongoing efforts to commercialize its products,
the willingness of the parties VirnetX believes are infringing its
patents to settle VirnetX's claims against them, and the amount of
litigation costs VirnetX must incur in order to pursue its patent
infringement claims and the time spent pursuing such claims. 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," "will seek to," or "plans" to be uncertain and
forward-looking. The forward-looking statements contained herein
are also subject to all of the other risks and uncertainties that
are described from time to time under the heading "Risk Factors" in
VirnetX's reports and registration statements filed with the
Securities and Exchange Commission, most recently in the company's
Annual Report on Form 10-K filed on March 31, 2009 and the
company's Quarterly Report on Form 10-Q filed on May 11, 2009.
Contacts: Greg Wood VirnetX Holding Corporation 831.438.8200
DATASOURCE: VirnetX Holding Corporation CONTACT: Greg Wood of
VirnetX Holding Corporation, +1-831-438-8200, Web Site:
http://www.virnetx.com/
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