claims. Apple filed a request for panel rehearing and rehearing en-banc in this matter on August 26, 2019. We filed a separate request for panel rehearing on September 3, 2019. Our request was denied on September 19, 2019, and Apples request was denied on October 11, 2019. All decisions are final in the case.
VirnetX Inc. v. Apple Inc. (USCAFC Case 19-1050) (Apple II Appeal)
On January 24, 2019 Apple filed its opening brief. We filed our response brief on March 1, 2019. Apple filed its reply brief on April 5, 2019. The oral arguments were heard on October 4, 2019. On November 22, 2019, the USCAFC issued an opinion affirming the district courts findings that Apple is precluded from making certain invalidity arguments and that Apple infringed the 135 and 151 patents; reversing the district courts finding that Apple infringed the 504 and 211 patents; and remanding the case for proceedings on damages. Apple sought panel and en banc rehearing, which the USCAFC denied on February 10, 2020. On February 22, 2020, USDC issued a scheduling order for the parties to brief the court about the need for a new trial for recalculating the damages. We filed our initial brief on February 28, 2020. All briefings have been completed. Courts decision in this matter is awaited.
VirnetX Inc. (USCAFC Case 17-2593)
On September 22, 2017, we filed with the USCAFC appeals of the invalidity findings by the PTAB in IPR2016-00693 and IPR2016-00957 involving our U.S. Patent Nos. 7,418,504 and 7,921,211. The briefing in these appeals has not taken place. The entity that initiated the IPRs, Black Swamp IP, LLC, indicated on October 18, 2017, that it would not participate in the appeals. On November 27, 2017, the USPTO indicated that it would intervene in the appeals. On January 19, 2018, the USCAFC stayed these appeals pending the USCAFCs decision in Case 17-1591. On October 25, 2019, we and the USPTO filed a joint request that the deadline to inform the USCAFC how these appeals should proceed be extended until November 1, 2019. On November 15, 2019, we and the USPTO requested that the USCAFC stay this appeal pending resolution of any petition for rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140. The USCAFC denied the stay request on November 27, 2019. On January 6, 2020, we filed a motion to vacate and remand in light of Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), which was granted on February 27, 2020.
VirnetX Inc. v. Cisco Systems, Inc. (USCAFC Case 18-1751)
On March 30, 2018, we filed with the USCAFC an appeal of the invalidity findings by the PTAB in inter-partes reexamination no. 95/001,851 involving our U.S. Patent No. 7,418,504. Oral arguments in this case were held on June 4, 2019.
On June 28, 2019, the USCAFC issued its opinion vacating the PTABs invalidity findings with respect to claims 5, 12, and 13 and remanding to the PTAB for further proceedings. The court affirmed the PTABs invalidity findings with respect to the remaining patent claims. Cisco filed a request for panel rehearing and rehearing en-banc in this matter on August 12, 2019. Ciscos request was denied on October 1, 2019.
VirnetX Inc. v. Cisco Systems, Inc. (USCAFC Case 19-1043)
On October 1, 2018, we filed with the USCAFC an appeal of the invalidity findings by the PTAB in inter-partes reexamination no. 95/001,746 involving our U.S. Patent No. 6,839,759. We filed our opening brief on March 15, 2019. Cisco filed its response brief on June 19, 2019. We filed our reply brief on August 14, 2019. Cisco filed a motion to submit a sur-reply brief on August 26, 2019, which we opposed. On September 27, 2019, the USCAFC issued an order deferring resolution of Ciscos motion for the merits panel. Oral argument was held on January 8, 2020. On January 21, 2020, the USCAFC issued a Rule 36 judgment affirming the PTABs decision.
VirnetX Inc. v. Cisco Systems, Inc. (USCAFC Case 19-1671)
On March 18, 2018, we filed with the USCAFC an appeal of the invalidity findings by the PTAB in inter-partes reexamination no. 95/001,679 involving our U.S. Patent No. 6,502,135. We filed a motion to remand on August 23, 2019, which the USCAFC denied on October 1, 2019, directing the parties to address the issues in the merits briefs. Our opening brief is currently due on November 12, 2019. On November 7, 2019, we filed another motion to vacate and remand in light of Arthrex. The USPTO intervened and opposed the remand. The USCAFC granted our motion on January 24, 2020.