VirnetX sues Microsoft again over the same patents

By on March 19, 2010, 1:28 PM
Only a few days after successfully suing Microsoft for $105.8 million, VirnetX has hauled the software giant back into court over the same two VPN-related patents (6,502,135 and 7,188,180). Expanding on its previous suit, VirnetX claims that its technology was used illegally in Windows 7 and Windows Server 2008. The prior case covered Windows XP and Vista, along with Office and services like Windows Messenger.

Microsoft is standing its ground, contesting that it hasn't infringed upon either patent. The company plans to appeal the original $105.75 million verdict, as well as defend against the new case. It also still faces the possibility of paying as much as triple the original penalty, because it was found guilty of willful patent infringement.

Redmond has described the ruling as "legally and factually unsupported." The company has petitioned the USPTO to re-examine VirnetX's patents -- and that's looking hopeful. In a preliminary review, the agency deemed all but three of VirnetX's claims invalid. That doesn't guarantee the patents will be tossed out, but it's positive sign nonetheless.

There's no word on exactly how much VirnetX is seeking in damages in the second case, but it sought $242 million the first time around. In a statement yesterday, VirnetX CEO Kendall Larsen said the latest suit is a "tactical and procedural post-trial action to ensure and protect our property rights as we proceed to final resolution with Microsoft."

User Comments: 14

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thatguyandrew92 said:

Microsoft is gonna run out of money just from lawsuits.

Guest said:

serves them right... lol

Matthew Matthew, TechSpot Staff, said:

$105 million is chump change in the grand scheme of things.

mv670 said:

I thought we were in a recession and companys are getting sued like crazy!

Burty117 Burty117, TechSpot Chancellor, said:

They're sueing the bigger guys for the money to get themselves out of trouble caused by the recession! Really its quite smart but surely sueing the same company a fews after the last one was settled is taking the piss just a little bit? if I was the judge I would make sure mIcrosoft won and the other company was forced to pay back the money they got from the last trial just because they're taking the p*ss.

Docnoq said:

I actually feel bad for Microsoft. So many companies and groups sue them just to get a piece of their success. If they actually did infringe on the patents then I suppose they are in the wrong, but honestly, what was VirnetX planning to do with the patents it holds anyhow? After doing a quick Google search on VirnetX, I see one of the top links is one that claims the future of the entire company depends on this lawsuit with Microsoft. What a failure of a company.

buendia said:

It's tough to be the big one, don't you think? Everyone wants a piece of you.

Puiu Puiu said:

@Docnoq: it's only natural that they get sued. Microsoft made billions from selling office and windows. If they truly used those patents then wouldn't it have been easier to buy them from their respective owners for a few millions? (a few tens in the worst case - but better than what they are paying now).

captaincranky captaincranky, TechSpot Addict, said:

VirnetX, are they a division of Rambus.....?

megrawab said:

Aw... two consecutive sues against Microsoft by VirnetX... Hope they'll just donate the 2nd penalty...

pipopaz said:

Yet another case of patent sue, As I stated in the Apple patent sue post I believe a reform is needed or everyone else in the future will start sue for every patent they can make.

captaincranky captaincranky, TechSpot Addict, said:

Yet another case of patent sue, As I stated in the Apple patent sue post I believe a reform is needed or everyone else in the future will start sue for every patent they can make.
Perhaps you might learn English composition, and then attend law school.

Wendig0 Wendig0, TechSpot Paladin, said:

I would be more than mildly amused if all of VirnetX's M$ Windows licenses were mysteriously revoked, though I doubt they would share in my laughter.

Thompson said:

Microsoft is being sued a million times over, companies are waiting in line to take them to court.

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