USPTO Director: Examiner Must Address VirnetX Expert

Feb. 28, 2014 4:32 PM ETVHC8 Comments
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Quick background:

VirnetX's 211 and 504 patents were rejected by the Examiner. In the Final Rejection, the Examiner explicitly stated that he did not address VirnetX's expert testimony or even enter it into the record. Thus, the Apple-initiated reexams of these patents were ready for appeal. However, the Director is turning the clock back, saying the Examiner must go back address VirnetX's expert. In the decision, the Director agrees that "VirnetX should be permitted to address the Examiner's new arguments with expert testimony..."

Just a week or so ago, Apple petitioned to speed the process up with these patents. That petition has been expunged in light of this decision.

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