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Thread: Court Denies Apple Motion Alleging Indefiniteness in Patent Suit against VirnetX

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    Default Court Denies Apple Motion Alleging Indefiniteness in Patent Suit against VirnetX


    Apple was recently set back after the presiding judge in a lawsuit against patent holding firm VirnetX denied Apple’s motion to invalidate some of the patent claims and prevent the use of invalidity as a defense against others. The Cupertino California company argued that a number of the claims being used against it weren’t specific enough to warrant for patent protection. As a result, Apple felt that these clams should be invalidated under the “indefiniteness” standard. Among the terms that the company was trying to dispute was the “secure name service,” “secure name,” and “unsecured name.”

    US District Judge Leonard Davis also ruled that Apple can’t question the validity of any of the other patent claims that were at issue in the last court battle between the two companies, which resulted in a $368 million judgment for VirnetX. That being said, Apple is still free to use the defense against newly-asserted claims.

    VirnetX CEO, Kendall Larsen, said the following in a release:

    We are extremely pleased with the court's rulings and we remain confident in the merits of our complaint against Apple. We believe the court's Markman Order and motion ruling represents another significant step towards the successful resolution of this litigation.
    For those of you who didn’t know, VirnetX originally sued Apple back in 2011, alleging that FaceTime violates the former’s secure communications patents. Following the company’s victory, Apple had to change FaceTime’s behavior to avoid infringement. The move reportedly cost Apple roughly $2.4 million per month and has increased customer complains. VirnetX on the other hand believes that the changes Apple made weren’t enough and as a result, is continuing its legal battle with Apple in an effort to get more money.

    Source: AppleInsider
    Last edited by Akshay Masand; 2014-08-11 at 10:03 PM.

    Twitter: @AkshayMasand

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    What comes around goes around Apple.

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