VirnetX Holding (VHC) Says It Will Re-File Patent Case Against Apple (AAPL)
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VirnetX Holding Corporation (AMEX: VHC) shares are rebounding Tuesday morning amid reports it lost a bid to revive a patent case against Apple. Shares are higher following a late-Monday release, as highlighted below:
"[VirnetX] announced that in response to an International Trade Commission (ITC) decision, its wholly-owned subsidiary, VirnetX, Inc. will re-file its complaint with the United States ITC alleging that Apple Inc. (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.
VirnetX had filed an appeal with the ITC to review the initial recommendations made by the Administrative Law Judge assigned to investigate its original complaint, filed on November 11, 2011, with the ITC against Apple Inc., to dismiss the case, based on a procedural discrepancy. The commission denied the appeal on August 20, 2012. VirnetX will request that ITC institute a new investigation, schedule a hearing and ultimately issue an Exclusion Order to bar importation of the accused Apple products and a Cease and Desist Order to bar further sales and other domestic commercial activities of infringing Apple products that have already been imported. The Company feels that this does not have any impact on the merits of its complaint with the ITC or the two cases pending in the Eastern District of Texas."
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"[VirnetX] announced that in response to an International Trade Commission (ITC) decision, its wholly-owned subsidiary, VirnetX, Inc. will re-file its complaint with the United States ITC alleging that Apple Inc. (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.
VirnetX had filed an appeal with the ITC to review the initial recommendations made by the Administrative Law Judge assigned to investigate its original complaint, filed on November 11, 2011, with the ITC against Apple Inc., to dismiss the case, based on a procedural discrepancy. The commission denied the appeal on August 20, 2012. VirnetX will request that ITC institute a new investigation, schedule a hearing and ultimately issue an Exclusion Order to bar importation of the accused Apple products and a Cease and Desist Order to bar further sales and other domestic commercial activities of infringing Apple products that have already been imported. The Company feels that this does not have any impact on the merits of its complaint with the ITC or the two cases pending in the Eastern District of Texas."
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