The Curious Case (Part II): The End of the VirnetX Saga

Authored by Michelle Carniaux

In a previous post, we reported that RPX Corporation (“RPX”), a defensive patent licensing entity, filed seven petitions for Inter Partes Review (“IPR”) against patents owned by a publicly traded patent licensing entity VirnetX Holding Corporation (“VirnetX”). In its petitions, RPX identified only itself as the real party in interest. Yesterday, the PTAB denied institution of all seven IPRs. Unusually, the decisions are marked “Parties and Board Only,” so they are not publicly available. We expect redacted versions of the decisions will be made available at some point.

Word has it in the investment community that the IPRs were denied as time barred since they were filed more than a year after a certain company (deemed by the PTAB as the real party in interest) was served with an infringement complaint. The underlying allegations as reported by the investment community are quite intriguing. However, we will refrain from commenting on them as we cannot verify the contents of the PTAB decisions.

Preceding the decisions, VirnetX was successful in convincing the PTAB that it should be permitted to obtain targeted discovery on the real party in interest issue from both RPX and the company VirnetX alleged was the real party in interest. (IPR2014-000171-177, paper 33). Considering that the PTAB rarely grants requests for additional discovery, this was quite a feat.