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VHC 135 151 Patents Appeal 30 Mar 23
VHC 135 151 Patents Appeal 30 Mar 23
VIRNETX INC.,
Appellant
v.
2020-2271
______________________
-------------------------------------------------
VIRNETX INC.,
Appellant
v.
Case: 20-2271 Document: 114 Page: 2 Filed: 03/30/2023
2020-2272
______________________
forfeited and we need not, and will not, address it. See gen-
erally Quanergy Sys., Inc., 24 F.4th at 1415 n.6 (“Quanergy
failed to challenge these findings in its opening brief, and
its attempt to do so in its reply brief is untimely.”); see also
SmithKline Beecham Corp. v. Apotex Corp., 439 F.3d 1312,
1319 (Fed. Cir. 2006) (“Our law is well established that ar-
guments not raised in the opening brief are waived.”).
Accordingly, we affirm the Board’s finding that Kiuchi
anticipates the challenged claims of the ’135 patent.
IV
Substantial evidence also supports the Board’s conclu-
sion that Kiuchi teaches a domain name server (“DNS”)
module and, therefore, anticipates claims 13 and 14 of the
’151 patent.
Claim 13 of the ’151 patent requires a DNS module to
“perform the steps” of “determining whether a DNS request