UPDATE: VirnetX (VHC) Volatile as Apple (AAPL), Cisco (CSCO) Lose Bid to Delay Texas Patent Trial

October 23, 2012 11:57 AM EDT Send to a Friend
(Updated - October 23, 2012 12:10 PM EDT)

VirnetX Holding (AMEX: VHC) shares are higher following headlines that Apple (Nasdaq: AAPL) and Cisco (Nasdaq: CSCO) have lost a bid to delay the VirnetX patent trial in Texas.

Shares are up 3.3 percent Tuesday.

UPDATE: Below is a rough copy of the statement issued by U.S. District Judge Leonard Davis:

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

VIRNETX INC.,
Plaintiff,
vs.
CISCO SYSTEMS, INC. et al.,
Defendants.

CASE NO. 6:10-CV-417


ORDER
Before the Court are the following motions:
  • Apple’s Motion for Summary Judgment of Non-Infringement of the ‘135 and ‘151 Patents (Docket No. 442);

  • Defendants’ Motion to Exclude the Expert Opinions of Mr. Roy Weinstein (Docket No. 445);

  • Defendants Cisco and Apple’s Motion to Stay Pending Ongoing Reexamination Proceedings (Docket No. 477); and

  • Joint Motion to Exceed Limits on Exhibit and Deposition Designations for Trial (Docket No. 550).

Having considered the parties written submissions and oral arguments, the Court DENIES Apple’s Motion for Summary Judgment of Non-Infringement of the ‘135 and ‘151 Patents and DENIES Defendants’ Motion to Exclude the Expert Opinions of Mr. Roy Weinstein with opinions to follow. Additionally, as stated at the hearing, the Court DENIES Defendants Cisco and Apple’s Motion to Stay Pending Ongoing Reexamination, and the Court GRANTS the Joint Motion to Exceed Limits on Exhibit and Deposition Designations for Trial. Additionally, the parties are given the following trial times:
  • Jury Selection - 30 minutes per side
  • Opening Statement - 30 minutes per side
  • Direct/Cross - 12 hours per side
  • Closing Argument - 45 minutes per side
These times are inclusive of all issues, jury and non-jury. It is the parties’ responsibility to budget their time accordingly.
__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 23rd day of October, 2012.


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