ZEPHYR COVE, Nev., Oct. 17, 2014 /PRNewswire/ -- VirnetX™
Holding Corporation (NYSE MKT: VHC), an Internet security software
and technology company, announced today that, on October 16, 2014, it filed a petition with
the United States Court of Appeals
for the Federal Circuit, requesting a rehearing and rehearing en
banc of the Federal Circuit's September
14, 2014, decision concerning VirnetX's litigation against
Apple Inc. In its petition, VirnetX is asking the court to
rehear its decision with respect to damages and affirm the district
court's damages award against Apple in full because the Federal
Circuit's decision is contrary to the patent statute and Supreme
Court precedent. VirnetX is also asking the Federal Circuit to
reinstate the jury's award that Apple infringed the '504 and '211
patents on the basis that the district court correctly construed
the claim term "secure communication link."
In its September 14th decision,
the Federal Circuit affirmed the jury's finding that all 4 of
VirnetX's patents are valid, confirmed the jury's infringement
finding with respect to VPN on Demand for all but one of the
asserted claims, and confirmed the district court's decision to
allow VirnetX's licenses and royalty rate evidence in connection
with a damages determination. The court, however, changed the
district court's claim construction of "secure communication link"
pertaining to the '504 and '211 patents and vacated the jury's
damages award. The court remanded for further proceedings with
respect to infringement by FaceTime and the damages award. VirnetX
is seeking rehearing on the claim construction of "secure
communication link" in part because the district court had adopted
Apple's proposed construction of that term and therefore Apple
waived its right to appeal the construction. VirnetX is also
asking the court to rehear its decision to remand for further
proceedings with respect to damages.
"We respectfully believe the Court of Appeals for the Federal
Circuit erred in certain parts of its decision and are asking it to
further review its decision," said Kendall
Larsen, VirnetX CEO and President. "We look forward to
readdressing the decision with the court and remain confident about
the strength of our arguments regarding restoration of the jury's
damages award."
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, smartphones, 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; (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 August 8,
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.
Contact:
Greg Wood
VirnetX Holding Corporation
775.548.1785
greg_wood@virnetx.com
VirnetX and GABRIEL Connection Technology are trademarks
of VirnetX Holding Corporation. Other company and product names may
be trademarks of their respective owners.
SOURCE VirnetX