`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`§
`§
`§
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`§
`§ CIVIL ACTION NO. 6:07-CV-80 (LED)
`§
`§
`§
`§
`§
`§
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`JURY TRIAL
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`
`
`
`VIRNETX, INC. AND SCIENCE,
`APPLICATIONS INTERNATIONAL
`CORP.,
`
`
`Plaintiff,
`
`
`vs.
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`MICROSOFT CORPORATION,
`
`
`Defendant.
`
`
`
`
`ORDER GRANTING JOINT STIPULATION REGARDING MICROSOFT’S
`INEQUITABLE CONDUCT COUNTERCLAIMS AND AFFIRMATIVE DEFENSES
`
`Before this Court is VirnetX, Inc.’s (“VirnetX”), Science Applications
`
`International Corp.’s (“SAIC”), and Microsoft Corporation’s (“Microsoft”) Joint Stipulation
`
`Regarding Microsoft’s Inequitable Conduct Counterclaims and Affirmative Defenses.
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`Pursuant to stipulation, it is so ORDERED:
`
`1.
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`Microsoft’s pending affirmative defenses of inequitable conduct as to U.S.
`
`Pat. Nos. 6,502,135 and 7,188,180 (as described in Microsoft’s Answer, Defenses, and
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`Counterclaims to VirnetX Inc.’s and Science Applications International Corporation’s First
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`Amended Complaint (Docket No. 133), Ninth Affirmative Defense, as it relates to inequitable
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`conduct as to U.S. Pat. Nos. 6,502,135 and 7,188,180, and Microsoft’s responses to
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`Interrogatories Nos. 6, 26, and 73 as they relate to inequitable conduct as to U.S. Pat. Nos.
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`6,502,135 and 7,188, 180) are withdrawn with prejudice.
`2.
`Microsoft’s pending counterclaims for declaratory judgment of
`unenforceability due to inequitable conduct as to U.S. Pat. Nos. 6,502,135 and 7,188,180 (as
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`
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`Page 1 of 2
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`VIRNETX EXHIBIT 2018
`Microsoft v. VirnetX
`Trial IPR2014-00558
`
`
`
`Case 6:07-cv-00080-LED Document 274 Filed 01/15/10 Page 2 of 2 PageID #: 13405
`
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`described in Microsoft’s Answer, Defenses, and Counterclaims to VirnetX Inc.’s and Science
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`Applications International Corporation’s First Amended Complaint (Docket No. 133),
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`paragraphs 103 and 129 as they relate to inequitable conduct as to U.S. Pat. Nos. 6,502,135 and
`
`7,188,180, and Microsoft’s responses to Interrogatories Nos. 6, 26, and 73 as they relate to
`
`inequitable conduct as to U.S. Pat. Nos. 6,502,135 and 7,188, 180) are withdrawn with prejudice.
`3.
`
`VirnetX’ s Motion for Partial Summary Judgment and Judgment on the
`
`Pleadings as to Microsoft’s Affirmative Defense and Counterclaim for Declaratory Judgment
`
`Regarding Inequitable Conduct (Docket No. 259) is withdrawn without prejudice.
`4.
`
`Nothing in this Order will bar or otherwise prevent Microsoft from
`
`raising in any future litigation concerning U.S. Pat. Nos. 6,502,135 or 7,188,180 any claim or
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`defense of inequitable conduct not presently known to Microsoft.
`5.
`
`Nothing in this Order will bar or otherwise prevent Microsoft from
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`raising in this or any future patent infringement litigation claims or defenses of inequitable
`
`conduct that may occur during the reexamination of U.S. Pat. Nos. 6,502,135 or 7,188,180.
`6.
`
`This Order does not extend to any patent other than U.S. Pat. Nos.
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`6,502,135 or 7,188,180, whether related or unrelated to U.S. Pat. Nos. 6,502,135 and
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`7,188,180.
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`7.
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`Each party will bear its own costs and fees in connection with
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`Microsoft’s withdrawn inequitable conduct defenses and counterclaims.
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`
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`2
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`__________________________________
`LEONARD DAVIS
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 15th day of January, 2010.
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`Page 2 of 2
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