On November 4, 2011, VirnetX, Inc. of Zephyr Cove, Nevada (“VirnetX”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Apple Inc. of Cupertino, California (“Apple”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain devices with secure communication capabilities, components thereof, and products containing the same that infringe certain claims of U.S. Patent No. 8,051,181 (the ‘181 patent).
According to the complaint, the ‘181 patent generally relates to a method for establishing and/or using a secure communications link between two computer devices.
In the complaint, VirnetX states that Apple imports and sells products that infringe the ‘181 patent. The complaint specifically names the Apple iPhone 4, iPhone 4S, iPad 2, iPod Touch, and Macs running the “Lion” operating system as infringing products.
Regarding domestic industry, VirnetX states that it has made a significant investment in plant and equipment and a significant employment of labor and capital in the U.S. with respect to VirnetX technology protected by the ‘181 patent, including the VirnetX GABRIEL Connection Technology. VirnetX also states that it has made substantial investments in the exploitation of the ‘181 patent through engineering and research and development in the U.S. VirnetX specifically refers its facilities in Zephyr Cove, Nevada and Scotts Valley, California in support of its domestic industry allegations. Additionally, VirnetX states it has licensed the ‘181 patent to Microsoft Corporation (“Microsoft”), and that Microsoft engages in manufacturing, sales, customer support, and engineering and research and development activities in the U.S. with respect to Microsoft’s licensed Windows Peernet Application Programming Interfaces (APIs) that practice at least one claim of the ‘181 patent.
As to related litigation, VirnetX states that on August 11, 2010, it filed a complaint against Apple and others in the U.S. District Court for the Eastern District of Texas alleging infringement of various patents (not including the ‘181 patent). Additionally, VirnetX states that on November 1, 2011, it filed a complaint against Apple in the U.S. District Court for the Eastern District of Texas alleging infringement of the ‘181 patent.
With respect to potential remedy, VirnetX requests that the Commission issue a permanent exclusion order and permanent cease and desist orders directed at Apple.