VirnetX Holding Corporation (AMEX:VHC) has refiled a lawsuit in Texas with SAIC as a party. VirnetX has been earlier ordered by the federal judge in Texas in March that SAIC should be joined as a party in the case because it retained an interest in the patents.
VirnetX which was incepted by the former workers of SAIC (SAI), said that the technology emerged from the work which it did for the U.S. Central Intelligence Agency and still holds that it believed SAIC no longer had an interest. However, ITC Judge David Shaw dismissed that request, saying VirnetX was aware of the ownership issue and has been violating the rules in how to file a complaint. He then terminated the investigation. Defending itself, VirnetX said it believed it was the sole owner of the patent when it filed the complaint and that Shaw’s refusal to let SAIC join the case was unfair.
In a filing with the agency, Apple Inc.(NASDAQ:AAPL) charged VirnetX of failing from submitting documentation to support its claim to sole ownership of the patent until after it received the March decision from the Texas court. It further sited instances stating that VirnetX has been ordered by multiple courts that it needed to include SAIC as a party, including a case that ended with a $200 million settlement with Microsoft Corp. in 2010.
The case is In the Matter of Certain Devices with Secure Communication Capabilities, 337-818, U.S. International Trade Commission (Washington).
Shares of VHC are down 4.12% to $24.45.