ZEPHYR COVE, Nev., Oct. 3, 2016 /PRNewswire/ -- VirnetX™
Holding Corporation (NYSE MKT: VHC), an Internet security software
and technology company, announced today that on September 31, 2016, a Jury in the United States Court for the Eastern
District of Texas, Tyler Division,
in the case VirnetX Inc., et al. v. Apple Inc., No.
6:10-cv-00417-RWS ("Apple I"), has awarded VirnetX $302.4
million in a verdict against Apple Corporation for infringing
four VirnetX patents, marking the third time a federal jury has
found Apple liable for infringing VirnetX's patented
technology.
The verdict includes royalties awarded to VirnetX, for
unresolved issues in the Apple I case, remanded back from
the United States Court of Appeals
for the Federal Circuit ("USCAFC"), related to (1) damages owed to
VirnetX for infringement by Apple's original VPN-on-Demand (VOD)
and (2) the alleged infringement by Apple's original FaceTime
product, under the new claim construction of "secure communication
link" pertaining to the '504 and '211 patents by the USCAFC, and
the damages associated with that infringement.
"We are extremely pleased with the jury verdict announced
today," said Kendall Larsen, VirnetX
CEO and President. "This is the third time a jury has
confirmed that Apple has been using the technology developed by our
inventors."
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. A jury trial in Apple II case is expected
to be scheduled by the court shortly after the conclusion of the
Apple I case.
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
September 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