December 11, 2018 / 1:30 PM / a year ago

VirnetX waived argument against retroactive patent reviews – Federal Circuit

A federal appeals court on Monday refused to use a patent dispute between VirnetX and Apple to determine whether retroactive application of the review process created by the America Invents Act of 2012 is constitutional.

A unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit said that Nevada-based VirnetX had waived the constitutional claim by raising it too late in the appeal and by limiting its argument to one paragraph in its opening brief last December.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2B8z5uD

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