VirnetX Holding Corp (VHC)

[PatentPlays]

VirnetX vs Apple ORAL ARGUMENTS March 5, 2018

Live Audio of Court of Appeals Hearing

"A finding by the Patent Trial and Appeal Board that prior art qualified as a “printed publication” within the meaning of the Patent Act, 35 U.S.C. § 102(b), came under fire in a recent brief filed with the Federal Circuit U.S. Court of Appeals (VirnetX Inc. v. Apple Inc., Nos. 2017-1131, -1132, -1186, -1274, -1275, -1276, -1291, Fed. Cir.).
(Appellant brief available. Document #78-170605-014B.)

According to patent owner VirnetX Inc.’s April 14 appellant brief, the board accepted Apple Inc.’s claim that an internet standards document was a printed publication available as of November 1998 “despite the absence of any competent testimony that it was made publicly accessible on the asserted date.”

“The approach adopted by the Board — that the publication date can be inferred without any corroborating evidence that the publication was actually archived or disseminated on that date — runs counter to this Court’s precedent and upends the traditional requirement that the patent challenger bears the burden of proof of establishing the prior art’s status as a printed publication,” VirnetX contends."