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VirnetX Asks Fed. Circ. To Rehear Patent Case With Apple

Law360, New York (January 10, 2017, 5:52 PM EST) -- VirnetX Inc. on Monday asked the full Federal Circuit to rehear a case involving Apple Inc. that resulted in part of an internet security patent it owns being found invalid, arguing the panel’s “misguided” decision runs “roughshod” over the court’s own precedent about expert testimony.

In a petition for en banc rehearing, VirnetX said that as a general rule, the Federal Circuit has held that expert testimony is essential to prove a patent is invalid. Normally, it said, this rule is only relaxed in “exceptional” situations,...
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