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VirnetX (VHC -4.8%) is lower amidst reports the USPTO has rejected all of the claims in the...

VirnetX (VHC -4.8%) is lower amidst reports the USPTO has rejected all of the claims in the company's '949 patent, which is being asserted in a suit against Apple, in a re-examination. If true, expect VirnetX to appeal; the company is also asserting other patents against Apple. Update: SA author Chris Hofmann points out the USPTO issued an action closing prosecution (.pdf) for claims in VirnetX's '181 patent, which is asserted in an ITC case against Apple. VirnetX has 30 days to respond to the rejections made.
Comments (24)
  • Chris Hofmann
    , contributor
    Comments (756) | Send Message
     
    SA, this comment contains numerous errors which I hope you will take the time to correct. Firstly, it is a non-final rejection which is standard procedure. Secondly it is the '181 patent, not '949. Thirdly the '181 is only asserted against Apple in the ITC case, not the case which VHC just won. Thirdly, no need to appeal yet as first VHC gets to respond to the non-final action (again, standard procedure).
    16 Jan 2013, 02:30 PM Reply Like
  • SA Editor Eric Jhonsa
    , contributor
    Comments (764) | Send Message
     
    Do you have a link to confirm this? The original post just passed on what reported elsewhere about the '949 patent being rejected.

     

    http://bit.ly/Vmu7Qj
    http://bit.ly/WesqCu

     

    If you can show that the info was off, I'd be glad to do an update.
    16 Jan 2013, 02:47 PM Reply Like
  • Chris Hofmann
    , contributor
    Comments (756) | Send Message
     
    This is the document in question:

     

    http://bit.ly/ZYroLV

     

    Notice that it is application '949 regarding patent '181 (hence the confusion). According to page 108, Under 'conclusion' there are 3 points which detail that VHC has 30 days to respond, it is Non-Final, and cannot be appealed because of this.

     

    Here is a link to a copy of the jury form which shows that the '181 was not a part of the recent case:

     

    http://bit.ly/10zPiDr

     

    If you look at vhcreport.com, fellow SA author JP Moreno wrote a very well-researched report (July 2012) that details on page 16 how each VHC patent is being used. The '181 is only against Apple and only for the ITC case: http://bit.ly/N0t8Ut

     

    Finally, and this is less substantive, but here is a supposed comment from VHC on the matter: http://bit.ly/10zPiDx

     

    Thank you for updating this.

     

    Chris
    16 Jan 2013, 03:40 PM Reply Like
  • SA Editor Eric Jhonsa
    , contributor
    Comments (764) | Send Message
     
    Thanks for the documents. Updated the post.
    16 Jan 2013, 04:07 PM Reply Like
  • Chris Hofmann
    , contributor
    Comments (756) | Send Message
     
    Thank you, I appreciate the update.
    16 Jan 2013, 04:09 PM Reply Like
  • adamslevy
    , contributor
    Comments (6) | Send Message
     
    The comment about the purported patent rejection is outrageous and should be retracted forthwith! Where is the factual basis for this comment? This is beyond the pale and clearly an attempt to smear VirnetX and harm the company and its shareholders, of whcih I am one.
    16 Jan 2013, 05:45 PM Reply Like
  • sonicthoughts
    , contributor
    Comments (218) | Send Message
     
    You do realize that updating the post, without modifying the headline or otherwise making another post that states the correction will not even begin to repair the damage you caused in the market.
    16 Jan 2013, 07:24 PM Reply Like
  • SA Editor Eric Jhonsa
    , contributor
    Comments (764) | Send Message
     
    The stock was already down 4.8% when the original post was issued. It closed down 3.7%. Not exactly what's normally called "damage."
    16 Jan 2013, 07:36 PM Reply Like
  • yeti786
    , contributor
    Comments (274) | Send Message
     
    Hello, Chris!

     

    You seem to sleep with your boots on! Very well informed you are!
    How do you read the future of all this and where do you see VHC price in coming 3-6 months? ( I bought some at 32 not long back and am wondering whether to continue to hold or exit now incase it is going to drop further.)

     

    Thaanks so much, in advance!
    16 Jan 2013, 02:44 PM Reply Like
  • Chris Hofmann
    , contributor
    Comments (756) | Send Message
     
    Hi yeti786,

     

    Thanks for the compliment. It is hard to say what will happen for sure, but I do believe that Apple will eventually settle, and Cisco and the rest will follow possibly before their trial begins in March. Honestly, much of my information comes from fellow SA author JP Moreno who has also created two amazingly researched reports at http://www.vhcreport.com.

     

    He has, I believe, a $118 price target for end of 2013 or so.

     

    Best of luck in your investing.
    16 Jan 2013, 03:42 PM Reply Like
  • mktlab68
    , contributor
    Comments (61) | Send Message
     
    Great post Chris....I am long but need to get longer after digging deeper into this report. Keep buying on the dips.
    16 Jan 2013, 04:19 PM Reply Like
  • Chris Hofmann
    , contributor
    Comments (756) | Send Message
     
    Thanks mktlab68. I suggest you check out $UNXL as well. It is my other top pick. Incredible opportunity there.
    16 Jan 2013, 04:27 PM Reply Like
  • Tom Shaughnessy
    , contributor
    Comments (1111) | Send Message
     
    Its non final they have 30 days to respond
    16 Jan 2013, 05:44 PM Reply Like
  • Tom Shaughnessy
    , contributor
    Comments (1111) | Send Message
     
    Its non-final, they have 30 days to respond
    16 Jan 2013, 05:44 PM Reply Like
  • Chris Hofmann
    , contributor
    Comments (756) | Send Message
     
    you are all a little late... If you read the above comments, you will see that I have already brought this issue up with the SA editor and they have amended the blurb. Personally, I believe that this is too little too late as most people only see the blurbs while they are recent. But at least they took the time to update it.
    16 Jan 2013, 05:56 PM Reply Like
  • adamslevy
    , contributor
    Comments (6) | Send Message
     
    Link refuting "report" that VHC's patent has been rejected:

     

    http://bit.ly/10zPiDx
    16 Jan 2013, 05:46 PM Reply Like
  • StockOsaurus
    , contributor
    Comments (13) | Send Message
     
    Another hit piece. Is there a particular price point that you're trying to keep this stock from exceeding? Or does cramer just jerk your leash when it's time?
    16 Jan 2013, 07:53 PM Reply Like
  • MarketEdgeLive
    , contributor
    Comments (3) | Send Message
     
    Although I find it interesting to be quoted as source of today's VHC news, I find it rather puzzling how long it takes for die hard VirnetX'ians to get the news? Even saw a clarification on some blog site from a guy that runs a barn about a "phone conversation" or hearsay and everyone accepted it as fact. Take a look at my intraday alerts and check the timestamps to confirm for accuracy and action. I have been doing this long enough to understand the importance of timing and validity. No one puts out so many institutional alerts and as fast as I do.
    16 Jan 2013, 11:19 PM Reply Like
  • Chris Hofmann
    , contributor
    Comments (756) | Send Message
     
    It's great to put out institutional alerts very quickly, but please make sure to fact-check them first. Yours was erroneous, as has been discussed here. Not saying you did it with any malicious intent, although some here probably think you did.
    16 Jan 2013, 11:23 PM Reply Like
  • MarketEdgeLive
    , contributor
    Comments (3) | Send Message
     
    My tweet: " It appears that" : This is a market chatter alert note. My wording was proper.
    17 Jan 2013, 04:18 AM Reply Like
  • MarketEdgeLive
    , contributor
    Comments (3) | Send Message
     
    I could care less which direction VHC goes. I have hundreds of other alerts daily.
    17 Jan 2013, 04:19 AM Reply Like
  • 1955chevy
    , contributor
    Comments (9) | Send Message
     
    wow these people just throw out this crap with out any DD patents at last trail are 135, 151, 504 and 211 jury award 368 mil patents in this bogus release have NO efect on last trail!!
    17 Jan 2013, 03:46 AM Reply Like
  • Teddank
    , contributor
    Comment (1) | Send Message
     
    I can't blame the MarketEdge guy for putting out the alert. His feed does indicate that he simply put out the alert in real time.
    17 Jan 2013, 04:18 AM Reply Like
  • Tom Shaughnessy
    , contributor
    Comments (1111) | Send Message
     
    If they have fixed the blurb then they should have a new alert or revised article sent out. Nothing against you just because everyone gets email alerts regarding this.
    17 Jan 2013, 04:40 AM Reply Like
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