Is Apple Being BULLIED?

VirnetX Holding (NYSEAMEX:VHC) will file a new complaint against Apple (NASDAQ:AAPL) after the communications firm lost a bid to revive its patent-infringement case against the iPhone maker with the U.S. International Trade Commission.

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VirnetX had filed its initial case nearly a year ago, hoping to bar Apple products from being imported into the U.S. from their manufacturing centers in Asia. The company insists it’s entitled to royalties from Apple for a technology that helps establish a secure link between two computers in a virtual private network.

“We believe in merits of our case against Apple,” VirnetX chief executive Kendall Larsen said in a statement. “We will continue to defend against any unauthorized use of our intellectual property by all means available to us under the U.S. legal system, including in the ITC.”

A federal judge in Texas had ruled that U.S. defense contractor SAIC, the former workplace of several VirnetX workers, had ownership rights in the patents and should have been a party to the case. Though VirnetX insisted SAIC no longer had an interest, it refiled the lawsuit with the defense firm as a party. However, when it tried to amend its case with the ITC in order to add SAIC, the agency rejected the request and terminated the investigation, ruling VirnetX was always aware of the ownership issue and didn’t follow the rules.

Apple said in its ITC filings that VirnetX had failed to submit documentation to support its claim to sole ownership of the patent, according to Bloomberg. The iPhone maker also said that VirnetX has been told by several courts that it needed to include SAIC as a party, including in a 2010 settlement with Microsoft (NASDAQ:MSFT).

Shares of Apple (NASDAQ:AAPL) finished Tuesday at $656.06.

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