VirnetX (VHC) Re-Files Complaint Against Apple (AAPL) Over '181 Patent

September 17, 2012 9:06 AM EDT Send to a Friend
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VirnetX Holding Corporation (AMEX: VHC) announced that on September 14, 2012, its wholly-owned subsidiary, VirnetX, Inc. has re-filed its complaint with the United States International Trade Commission (ITC) alleging that Apple (Nasdaq: AAPL) has engaged in unfair trade practices by the importation, sale for importation, and sale after importation of certain devices with secure communication capabilities that infringe one or more claims of VirnetX's U.S. Patent No. 8,051,181 ("the '181 patent"). The accused products include the latest iPhones, iPads, iPods, and Macintosh computers.

The complaint was filed jointly with Science Applications International Corporation (SAIC) (NYSE: SAI) to remove a procedural standing issue that was identified as the reason for dismissal of VirnetX's previous complaint. VirnetX had acquired a portion of its portfolio from SAIC in 2006. VirnetX has requested that the ITC institute an investigation into Apple's allegedly infringing imports and ultimately issue an Exclusion Order to bar importation of those Apple products. VirnetX also seeks a Cease and Desist Order to bar further sales and other domestic commercial activities of infringing Apple products that have already been imported. VirnetX expects that the ITC investigation will formally commence on or about October 13, 2012, and that the case will be tried in the second half of 2013.


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