VIRNETX INC v. APPLE INC (2016)

This appeal concerns the validity of VirnetX Inc.'s (“VirnetX”) U.S. Patent No. 8,051,181 (“the '181 patent”), disclosing technology for establishing secure communication over networks. Apple Inc. (“Apple”) challenged all claims of the '181 patent in a request for inter partes reexamination, Control No. 95/001,949. The Patent and Trademark Office granted reexamination and rejected all 29 claims as unpatentable. On appeal, the Patent Trial and Appeal Board (“the Board”) affirmed. Specifically, the Board's final decision found claims 1–12, 14, 15, and 17– 29 anticipated by U.S. Patent No. 6,496,867 to Beser (“Beser”), claims 1, 2, 7–9, 12–17, 19–21, and 24–29 anticipated by U.S. Patent No. 6,131,121 to Mattaway (“Mattaway”), and claims 1–15, 18–23, and 28–29 anticipated by U.S. Patent No. 6,557,037 to Provino (“Provino”). VirnetX now appeals to this court.

After full review of the record and careful consideration, we find no error in the Board's claim constructions or findings with respect to the Mattaway and Provino references, which together cover all claims of the '181 patent. We do not, therefore, need to reach the merits of the Board's decision with respect to Beser.

AFFIRMED

O'MALLEY, Circuit Judge.