Patent application 13/617,446 was recently rejected by the examiner over prior art patent number 5,898,830 (referred to as Wesinger).
In response, VirnetX filed an Appeal Brief to the Board to get application claims allowed. This marks the second appeal by VirnetX on a pending patent application.
The VirnetX strategy appears to be to challenge the examiner on the application rejections that it feels will be most easily be overturned by the Board.
These applications should be closely monitored by investors. They are certainly being monitored by the secure communications industry. The new patent application claims are being specifically written to nail down infringing products (which VirnetX has done extensive discovery on), while still being allowable over prior art. Allowance of claims by the Board would signal a very positive trend for VirnetX, solidify the validity of the IP, and further corner infringers.
IMO it is clear this application will be allow. We shall see in the coming months..