VirnetX, Apple Patent Trial Set for Oct 31

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The patent infringement lawsuit VirnetX filed against Apple over secure network communication is moving forward and is scheduled for trial on October 31. Like many patent infringement cases against Apple, this one was filed in Eastern District of Texas Tyler Division which is known for favoring plaintiffs.

VirnetX patent trial against Apple set for HalloweenVirnetX patent trial against Apple set for Halloween

The trial date was set following a scheduling hearing on Monday where jury selection was also set for October 29. Also named in the infringement suit are Cisco, Siemens, and Avaya, although those companies aren't scheduled for trial until March 2013.

The patent in question, 8,051,181, describes a "method for establishing a secure communication link between computers of virtual private network," and the lawsuit was filed the same day it was granted. VirnetX targeted the iPhone, iPad, iPod touch and OS X Lion with its lawsuit.

The company is hoping to score an ongoing license fee from Apple, and if it can't get that it wants to block the sale of infringing products, which at this point includes almost all of the company's devices.

VirnetX is a patent holding company, and is being represented by the McKool Smith law firm. The firm is known for representing patent holders in similar cases.

Apple hasn't commented on the trial date, although VirnetX was more than happy to offer up a statement. "We believe this schedule allows us to maximize our resources and will greatly benefit our legal strategy," said COE Kendall Larsen.

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VirnetX isn't any stranger to patent litigation, and even managed to get $200 million out of Microsoft. It's one thing to defend your intellectual property, but it's an entirely different case when your business model is suing other companies after you harvest patents.

In this case, we have a company that filed an infringement suit the day it was awarded the patent, went to a court that popular with patent trolls, and chose a law firm with a history of representing patent trolls.

What's the old saying? If it walks like a duck and quacks like a duck it must be a duck. Well, unless it weighs less than a duck; then it's a witch.

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8 Comments Leave Your Own

kevinlane

“Burn the witch!”

Karim Hakimzadeh

Did the author even bother to research the article?

It incorrectly stated the ‘181 as the patent in question, which is in fact the patent asserted against Apple at the ITC and a separate federal action which is currently stayed. The patents pertaining to this case are the ‘135, ‘504 and ‘211.

It’s difficult for a business model to be anything other than to litigate when companies fail to license the technology in good faith. And where would suggest they file their lawsuit - somewhere which typically favours the defendant? That sounds like a good strategy.

If you are going to bash, at least get your facts straight.

willie

Dont   these writers read what they write and how stupid they sound. Wait Virnetx should find a court that favors those that steal ideas. Virnetx shouldnt have picked the best legal firm to represent them in a blatant case of patent stealing. Oh and Virnetx should have filed in Cupertino Ca. All makes sense now. brilliant piece…..

Gloria Johnson

Maybe to make the article more balanced it would also have been prudent for the author to mention that NEC, Aastra, and Mitel have all signed on going royalty license agreements and have paid a lump sum for prior infringement with VirnetX.  Is it so inconceivable that Apple has infringed on VirnetX’s intellectual property?  If they have, Apple needs to pay up.  The trial should be very interesting.

NOLA911

I think it would be hard to write an unbiased article if you are writing for the defendent’s magazine…but do the standards have to be SOOOOO LOOOOOWWWW?  oops, I forgot…this is online where the standards suck. 

Congratulations on a silly silly article that shows your laziness (what is a COE anyway - don’t you proof your work anyway)  and ignorance (McKool was the Microsoft attorney for VirnetX: is owning intellectual property disgraceful - or is it so infringed that others think nothing of stealing it?...so does a purchasing company see itself as a better business person who can enforce the standards and not let stealing become the normal?  Should all R&D be taken from those who are to underfunded to pursue legally it’s illegal use? ) 

Get a real job.

T B

Apple CEO Tim Cook: verdict in Samsung Trial is ‘a loud and clear message that stealing isn’t right’
I guess it is different when Apple is doing the STEALING!!!

furbies

I know this isn’t the right place, but maybe TMO should restrict posting to registered users ?

Gloria Johnson

OMG furbies, is it too frightening to have non registered users point out things that the author should have known in the first place?  Look, I love Apple products just as much as the next person but that doesn’t stop me from acknowledging that Apple steals intellectual property from others.  They got caught and now they will have to pay.

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