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ARTICLE · 21 APRIL 2023

Disclaiming Claim Scope: Could The Patentee Have Anticipated This?

McDermott Will & Emery
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In the most recent decision in the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit affirmed a remand ruling from the Patent Trial & Appeal Board...

United KingdomIntellectual Property
Jake B. Vallen
Jake B. Vallen

In the most recent decision in the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit affirmed a remand ruling from the Patent Trial & Appeal Board finding the challenged claims of VirnetX's patents unpatentable. VirnetX Inc. v. Mangrove Partners Master Fund, Ltd., Case No. 2020-2271 (Fed. Cir. Mar. 30, 2023) (Moore, C.J.; Hughes, Stark, JJ.) (nonprecedential).

VirnetX owns two patents relating to a "secure mechanism for communicating over the internet." The patents relate to a system in which a DNS module "intercepts . . . and determines whether [a] request is for a secure site." The system creates a VPN if the proxy determines that the request is for a secure site. If the proxy determines that the request is not for a secure site, it forwards the request to a conventional DNS.

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