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 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.