SOURCE: ITUS Corporation

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January 22, 2015 07:00 ET

ITUS Appeals Microsoft Claims Construction Ruling

MELVILLE, NY--(Marketwired - January 22, 2015) - ITUS Corporation ("ITUS") (OTCQB: ITUS), a company that builds and protects innovation, today announced that its wholly owned subsidiary, Secure Web Conference Corporation ("SWCC"), has filed a notice of appeal with the U.S. District Court in the Eastern District of New York. This notice is the first step of the process of filing its appeal in the U.S. Court of Appeals for the Federal Circuit, in connection with the October 3, 2014 claims construction ruling in its patent infringement lawsuit against Microsoft Corporation. In the lawsuit, SWCC alleged that certain calls made using Microsoft's Skype® and Lync® web conferencing services are covered by SWCC's Key Based Web Conferencing Encryption patents.

Robert Berman, ITUS's President and CEO stated, "We believe that the District Court interpreted our patent in a limited manner that was not intended by the inventors, and is contrary to the tenets of claim construction adopted by the Federal Circuit. Without this limitation, we believe that our patents would cover modern iterations of our security technology, which are widely used to encrypt audio video communications between computers, and hand held devices." 

Appeals of claims construction decisions to the Federal Circuit are common, and are successful in about 50% of appealed cases. Notwithstanding the recent U.S. Supreme Court decision regarding the standard of review for appeals of claims construction decisions, SWCC expects that the Federal Circuit will review the decision on a de novo basis, meaning without deference to the lower court decision, because of the absence of any factual dispute between the parties on claim construction issues.

About ITUS Corporation
ITUS develops and acquires patented technologies for the purposes of patent monetization and patent assertion. The company currently has 8 patent portfolios in the areas of Key Based Web Conferencing Encryption, Encrypted Cellular Communications, Nano Field Emission Display ("nFED"), Micro Electro Mechanical Systems Display ("MEMS"), J-Channel Window Frame Construction, VPN Multicast Communications, Internet Telephonic Gateway, and Enhanced Auction Technologies. Additional information is available at

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