VirnetX Loses Bid For Fed. Circ. Rehearing In $1B Apple Row

Law360 (September 20, 2019, 3:47 PM EDT) -- A Federal Circuit panel on Thursday shot down VirnetX’s petition to reconsider claims in two network security patents that the Patent Trial and Appeal Board invalidated as part of an appeal tied to $1 billion in jury verdicts against Apple Inc.

In urging the panel to rehear the matter, VirnetX had argued that by affirming the board’s decision in its Aug. 1 opinion, the panel overlooked the fact that an invalidated claim in one of the patents had a “distinct argument” for patentability that the board failed to consider.

VirnetX had also argued that the panel disregarded the fact that the...

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