VirnetX Patent Dispute Can't Go Back To USPTO, Apple Says

Law360 (July 22, 2021, 4:39 PM EDT) -- Apple urged the Federal Circuit not to send back challenges to VirnetX Inc.'s network security patents to the Patent Trial and Appeal Board following the Supreme Court's Arthrex ruling, saying that VirnetX's failure to raise its constitutional challenge earlier was not "harmless" as it claimed.

The brief, filed by Wednesday by Apple Inc. along with a hedge fund called Mangrove Partners Master Fund Ltd. and Black Swamp IP LLC, hits back at VirnetX's request to vacate and remand the PTAB's decisions invalidating its patents so that they can be reviewed by the U.S. Patent and Trademark Office director. In requesting another...

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