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Today, well it is close to 12am so I will say Wednesday, RPX ( RPXC ) corporation filed 7 IPR requests against VirnetX ( VHC ). This comes after New Bay Capital LLC, a shell company, filed inter-partes reviews of some of the same patents city link - and then reversed course as they terminated their filings. Although New Bay Capital LLC may have terminated their requests by asking for an adverse judgment, VirnetX has not stopped there. After seeing the motion for transfer city link being sent back to the magistrate judge who recommend the case be transferred from Florida to Texas, it was recently granted . This means that VirnetX city link will be able to seek discovery of exactly who is really behind the curtains of the IPR requests by New Bay Capital LLC and Joel Rothman. city link Keep in mind that VirnetX's subpoenas city link in Delaware have not been moved, although Judge Leonard Davis (The judge presiding over all of VirnetX's litigation in the Eastern District city link of Texas) will be aware of the shenanigans.
With regard to the New Bay Capital LLC IPR requests of VirnetX's patents, the shell company was looking for 10% of the company's final judgment with Apple ( AAPL ). Although it is my personal opinion that Apple attempted to join on New Bay Capital LLC's IPR requests since Apple's requests were over the one year limit. Don't think Apple wanted to join in on New Bay Capital's IPRs, think again.
As you can see above, Apple already has 11 pending IPR requests on VirnetX. So why take a stand to join in on New Bay's IPR requests? Apple's requests are over the year limit set forth by the USTPO, and as such they will likely be turned down. That is why Apple was grasping to join New Bay Capital LLC's IPR requests.
Now this conference between VirnetX, New Bay Capital LLC and Apple took place on October 29. On November 13 VirnetX announced the favorable city link termination of New Bay's IPR requests. Boom, Apple's attempt to join New Bay Capital has been eliminated. For a link to this conference call, please click here .
Keep in mind that although New Bay Capital LLC's IPR requests were terminated, the case from Florida has been transferred to the Eastern District of Texas to Judge Davis who is overseeing all of the company's litigation. VirnetX is seeking discovery as to who exactly is behind the curtain. Now although it is not known , if Apple is in anyway linked city link to New Bay Capital LLC, then collateral estoppel could be applied. city link This would thwart all of Apple's IPR requests as they were the real party of interest. city link It will be interesting to see who exactly is behind city link the curtains, whether it be a hedge fund manipulating the stock price or Apple.
Now seven days after VirnetX announces the termination of the IPR cases with New Bay, RPX corporation comes out and files seven new IPR requests on VirnetX. These requests by RPX are much the same, extremely city link close to those filed by New Bay Capital LLC. I will not drag this discussion out as to compare city link the wording and the material of each filing, as they are freely accessible online :(just put 0 for a case number, hit search, filter by party name by entering either New Bay or RPX and hit filter city link results). The first RPX filing listed in this picture does not correlate to VirnetX, just the following seven.
In an effort to not drag out a boring comparison of the wording, I will let those so inclined to compare on their own. Although below you will see a table with the prior art being used in an example of the two IPR requests on the '135 patent. Below is not a definitive and comprehensive list, just of the '135 patent between the two companies.
Another note for discussion is that New Bay Capital LLC did not lose its IPR requests. They sought to terminate city link their IPRs themselves after the case was recommended to be transferred and then granted transfer in part to Florida. city link
One key aspect of New Bay Capital LLC's IPR requests was something beyond the prior art, in part, that VirnetX has won over in court and at the USTPO already. This is the time-line of events city link for these IPRs. My two articles with regard to New Bay Capital LLC and VirnetX covered some of the timeline information that is important.
For more information on New Bay Capital LLC and VirnetX see my two articles: VirnetX: New Bay Capital LLC's And Apple's Contrived city link IPRs - Why? VirnetX: New Bay Capital LLC's And Apple's Contrived IPRs - Parrt 2: New Bay Retraces
Now, Apple's appeal is pushed even more months beyond the conclusion of RPX's IPR requests. This is due to the fact that now, Apple's appeal is underway. Moreover even if the appeal started today, which it hasn't as it already is underway, these IPRs would still be concluded after the appeal with Apple is concluded. One of Apple's tactics would be to use the IPR to bolster an appeal. Although keep in mind that Apple lost at court the first time around, the company's IPRs have not been successful and the appeal is not completed.
There are some serious shady
Today, well it is close to 12am so I will say Wednesday, RPX ( RPXC ) corporation filed 7 IPR requests against VirnetX ( VHC ). This comes after New Bay Capital LLC, a shell company, filed inter-partes reviews of some of the same patents city link - and then reversed course as they terminated their filings. Although New Bay Capital LLC may have terminated their requests by asking for an adverse judgment, VirnetX has not stopped there. After seeing the motion for transfer city link being sent back to the magistrate judge who recommend the case be transferred from Florida to Texas, it was recently granted . This means that VirnetX city link will be able to seek discovery of exactly who is really behind the curtains of the IPR requests by New Bay Capital LLC and Joel Rothman. city link Keep in mind that VirnetX's subpoenas city link in Delaware have not been moved, although Judge Leonard Davis (The judge presiding over all of VirnetX's litigation in the Eastern District city link of Texas) will be aware of the shenanigans.
With regard to the New Bay Capital LLC IPR requests of VirnetX's patents, the shell company was looking for 10% of the company's final judgment with Apple ( AAPL ). Although it is my personal opinion that Apple attempted to join on New Bay Capital LLC's IPR requests since Apple's requests were over the one year limit. Don't think Apple wanted to join in on New Bay Capital's IPRs, think again.
As you can see above, Apple already has 11 pending IPR requests on VirnetX. So why take a stand to join in on New Bay's IPR requests? Apple's requests are over the year limit set forth by the USTPO, and as such they will likely be turned down. That is why Apple was grasping to join New Bay Capital LLC's IPR requests.
Now this conference between VirnetX, New Bay Capital LLC and Apple took place on October 29. On November 13 VirnetX announced the favorable city link termination of New Bay's IPR requests. Boom, Apple's attempt to join New Bay Capital has been eliminated. For a link to this conference call, please click here .
Keep in mind that although New Bay Capital LLC's IPR requests were terminated, the case from Florida has been transferred to the Eastern District of Texas to Judge Davis who is overseeing all of the company's litigation. VirnetX is seeking discovery as to who exactly is behind the curtain. Now although it is not known , if Apple is in anyway linked city link to New Bay Capital LLC, then collateral estoppel could be applied. city link This would thwart all of Apple's IPR requests as they were the real party of interest. city link It will be interesting to see who exactly is behind city link the curtains, whether it be a hedge fund manipulating the stock price or Apple.
Now seven days after VirnetX announces the termination of the IPR cases with New Bay, RPX corporation comes out and files seven new IPR requests on VirnetX. These requests by RPX are much the same, extremely city link close to those filed by New Bay Capital LLC. I will not drag this discussion out as to compare city link the wording and the material of each filing, as they are freely accessible online :(just put 0 for a case number, hit search, filter by party name by entering either New Bay or RPX and hit filter city link results). The first RPX filing listed in this picture does not correlate to VirnetX, just the following seven.
In an effort to not drag out a boring comparison of the wording, I will let those so inclined to compare on their own. Although below you will see a table with the prior art being used in an example of the two IPR requests on the '135 patent. Below is not a definitive and comprehensive list, just of the '135 patent between the two companies.
Another note for discussion is that New Bay Capital LLC did not lose its IPR requests. They sought to terminate city link their IPRs themselves after the case was recommended to be transferred and then granted transfer in part to Florida. city link
One key aspect of New Bay Capital LLC's IPR requests was something beyond the prior art, in part, that VirnetX has won over in court and at the USTPO already. This is the time-line of events city link for these IPRs. My two articles with regard to New Bay Capital LLC and VirnetX covered some of the timeline information that is important.
For more information on New Bay Capital LLC and VirnetX see my two articles: VirnetX: New Bay Capital LLC's And Apple's Contrived city link IPRs - Why? VirnetX: New Bay Capital LLC's And Apple's Contrived IPRs - Parrt 2: New Bay Retraces
Now, Apple's appeal is pushed even more months beyond the conclusion of RPX's IPR requests. This is due to the fact that now, Apple's appeal is underway. Moreover even if the appeal started today, which it hasn't as it already is underway, these IPRs would still be concluded after the appeal with Apple is concluded. One of Apple's tactics would be to use the IPR to bolster an appeal. Although keep in mind that Apple lost at court the first time around, the company's IPRs have not been successful and the appeal is not completed.
There are some serious shady
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