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Test Code : 3108
Test Name : Avaya Scopia Solution Implementation and Maintenance
Vendor Name : Avaya
: 66 Real Questions
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(EDGAR on-line via COMTEX) -- merchandise 7. management's discussion and analysis of financial condition and outcomes of Operations
we're a web security application and expertise enterprise with patented know-how for relaxed communications together with 5G and 4G LTE security. Their software and know-how options, including their at ease area name Registry and GABRIEL Connection technology(TM), are designed to facilitate secure communications and supply the protection platform required by way of subsequent-technology web-primarily based purposes similar to rapid messaging, or IM, voice over web protocol, or VoIP, cell services, streaming video, file transfer, remote desktop and computer-to-desktop, or M2M communications. Their expertise generates relaxed connections on a "zero-click" or "single-click on" foundation, enormously simplifying the deployment of cozy precise-time verbal exchange options by means of casting off the need for end-users to enter any encryption advice. Their portfolio of intellectual property is the foundation of their business mannequin. They at the moment personal approximately 185 total patents and pending purposes, together with 70 U.S.
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patents/patent functions and 115 international patents/validations/pending functions. Their patent portfolio is primarily concentrated on securing real-time communications over the cyber web, in addition to related functions such because the institution and maintenance of a secure area name registry. Their patented strategies also have additional functions within the key areas of machine working systems and community protection for Cloud services, M2M communications in the new initiatives like "wise metropolis", "linked automobile" and "linked home" that might join everything from social capabilities and citizen engagement to public protection, transportation and financial building to the web to permit more productivity, aspects and efficiency in their usual lives. The field be counted of all their U.S. and overseas patents and pending applications relates commonly to securing communication over the information superhighway, and as such covers all their expertise and other products. Their issued U.S. and international patents expire at quite a lot of instances all the way through the duration from 2019 to 2024. some of their issued patents and pending patent purposes were got via their foremost working subsidiary; VirnetX, Inc., from Leidos, Inc., or Leidos, (f/k/a Science functions overseas organization, or SAIC) in 2006 and they are required to make funds to Leidos, according to money or certain different values generated from those patents. The amount of such funds depends on the category of price generated, and sure classes are area to maximums and other obstacles.
Our product GABRIEL comfortable communication Platform(TM), not like other collaboration and verbal exchange items and services available on the market nowadays, does not require access to user's confidential facts and reduces the danger of hacking and information mining. It enables people and corporations to preserve complete ownership and handle over their own and confidential records, secured inside their personal private network, while enabling approved at ease encrypted entry from anywhere at any time. Their GABRIEL Collaboration Suite(TM) is a group of functions that run on appropriate of their GABRIEL relaxed verbal exchange Platform(TM). It makes it possible for seamless and secure cross-platform communications between person's instruments that have their utility installed. Their GABRIEL Collaboration Suite(TM) is available for down load and free trial, for Android, iOS, windows, Linux and Mac OS X platforms, at http://www.gabrielsecure.com. They continue to increase their products and add new functionality to their items. they will deliver updates to new and latest purchasers as they're released to the general public. Over eighty small and medium agencies have put in their GABRIEL secure communique Platform(TM) and GABRIEL Collaboration Suite(TM) items in their corporate networks. They intend to continue to extend their client base with centered promotions and direct earnings initiatives.
we are actively recruiting premier-of-breed partners in a number of vertical markets including, healthcare, finance, government, and so on., to aid us hastily extend their enterprise customer base. a number of overseas affiliation of licensed ISAO (IACI) including, ISAO's for Maritime & Ports, ISAO credit Union ISAO, metropolis of Chicago, ISAO Human Trafficking ISAO have chosen to deploy their application as private and cozy e-technology to protect their communications. several different ISAOs are finishing their reviews earlier than deploying their items inside their networks.
we now have executed a number of patent and know-how licenses and intend to are looking for additional licensees for their technology, including their GABRIEL Connection expertise(TM) to fashioned machine manufacturers, or OEMs, of chips, servers, smart telephones, pills, e-Readers, laptops, web books and different contraptions, in the IP-telephony, mobility, fastened-mobile convergence and unified communications markets including 5G and 4G/LTE advanced.
we now have submitted a declaration with the 3rd generation Partnership project, or 3GPP, opting for a gaggle of their patents and patent applications that they agree with are or can also become fundamental to certain establishing specifications within the 3GPP LTE, systems architecture Evolution, or SAE venture. they now have agreed to make purchasable a non-unique patent license below fair, least expensive and non-discriminatory phrases and stipulations, with compensation, or FRAND, to 3GPP individuals implement the technical necessities recognized by us. They consider that they are placed to license their fundamental security patents to 3GPP participants as they move into deploying 5G and 4G/LTE advanced instruments and solutions.
we now have an ongoing GABRIEL Licensing program under which they present licenses to a portion of their patent portfolio, know-how and application, together with their cozy area name registry carrier, to domain infrastructure suppliers, communication provider suppliers as well as to device integrators. Their GABRIEL Connection know-how(TM) License is obtainable to OEM clients who want to adopt the GABRIEL Connection know-how(TM) as their answer for establishing comfortable connections the use of at ease domain names inside their products. they now have developed GABRIEL Connection know-how(TM) utility construction equipment (SDK) to assist with swift integration of these options into present utility implementations with minimal code adjustments and consist of object libraries, pattern code, checking out and great assurance equipment and the assisting documentation quintessential for a client to put into effect their technology.
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customers who are looking to enhance their personal implementation of their patented techniques for assisting secure domain names, or different recommendations which are covered with the aid of their patent portfolio for setting up cozy conversation links, should purchase a patent license. These licenses will customarily consist of an preliminary license fee, in addition to an ongoing royalty.
we now have signed Patent License Agreements with Avaya Inc., Aastra country, Inc., Microsoft business enterprise, Mitel Networks corporation, NEC corporation and NEC organisation of the usa, Siemens enterprise Communications GmbH & Co. KG, and Siemens enterprise Communications Inc. to license certain of their patents, for a one-time price and/or an ongoing royalty for all future earnings during the expiration of the licensed patents with admire to definite existing and future IP-encrypted products. they now have engaged IPVALUE administration Inc. to assist us in commercializing their portfolio of patents on securing real-time communications over the internet. under the multi-yr contract, IPVALUE is expected to originate and aid us with negotiating transactions involving patent licensing international with respect to definite third events.
We accept as true with that the market chance for their application and know-how options is colossal and increasing as at ease domains at the moment are a vital part of securing the subsequent technology 5G and 4G/LTE superior instant networks and M2M communications in areas including wise city, linked automobile and related home. They additionally trust that every one 5G and 4G/LTE advanced cell gadgets will require pleasing at ease domains and develop into a part of a cozy domain identify registry.
We intend to proceed to license their patent portfolio, technology and software, including their comfy area name registry carrier, to domain infrastructure providers, verbal exchange carrier suppliers as well as to equipment integrators. They intend to are searching for extra license of their expertise, including their GABRIEL Connection expertise(TM) to business purchasers, builders and original machine producers, or OEMs, of chips, servers, smart phones, tablets, e-Readers, laptops, web books and different instruments, within the IP-telephony, mobility, mounted-cellular convergence and unified communications markets together with 5G and 4G/LTE.
Our employees encompass the core building crew behind their patent portfolio, expertise and utility. This group has worked together for over ten years and is the same team that invented and developed this know-how whereas working at Leidos, Inc. ("Leidos"). Leidos is a FORTUNE 500(R) scientific, engineering and technology applications business that makes use of its deep domain advantage to clear up issues of a must have significance to the nation and the realm, in country wide safety, power and the environment, vital infrastructure and fitness. The team has continued its research and development work began at Leidos and accelerated the set of patents they got in 2006 from Leidos, into a larger portfolio of about 185 complete patents and pending applications, including 70 U.S. patents/patent functions and one hundred fifteen foreign patents/validations/pending applications This portfolio now serves as the groundwork of their licensing business and deliberate service offerings and is expected to generate the vast majority of their future earnings in license expenses and royalties. They intend to continue their analysis and development efforts to additional support and extend their patent portfolio.
We intend to continue the usage of a primarily outsourced and leveraged model to maintain efficiency and manage fees as they grow their licensing company via, as an instance, providing incentives to early licensing aims or asserting their rights for use of their patents. They also intend to expand their design pilot in participation with main 5G and 4G/LTE corporations (domain infrastructure providers, chipset producers, carrier suppliers and others) and build their secure domain name registry.
we have dissimilar highbrow property infringement proceedings pending in the united states District court for the eastern District of Texas, Tyler Division ("USDC"), and u.s. court docket of Appeals for the Federal Circuit ("USCAFC").
VirnetX Inc. v. Cisco programs, Inc. et al. (case 6:10-CV-00417-LED) ("Apple I")
On August 11, 2010, they filed a criticism towards Aastra u . s . a .. Inc. ("Aastra"), Apple Inc. ("Apple"), Cisco methods, Inc. ("Cisco"), and NEC supplier ("NEC") the USDC in which they alleged that these events infringe on certain of their patents (U.S. Patent Nos. 6,502,one hundred thirty five, 7,418,504, 7,921,211 and seven,490,151). They sought damages and injunctive aid. The instances against each defendant were separated through the decide. Aastra and NEC agreed to sign license agreements with us and they dropped all accusations of infringement in opposition t them. A jury in USDC decided that their patents were now not invalid and rendered a verdict of non-infringement via Cisco on March 4, 2013. Their action for a brand new Cisco trial was denied and the case towards Cisco was closed.
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On November 6, 2012, a jury the USDC awarded us over $368,000 for Apple's infringement of four of their patents, plus each day pastime as much as the final judgment.
Apple filed an appeal of the judgment to the USCAFC. On September 16, 2014, USCAFC affirmed the USDC jury's discovering that all four of their patents at issue are valid and established the USDC jury's discovering of infringement of VPN on Demand beneath lots of the asserted claims of their 'one hundred thirty five and '151 patents, and the USDC's determination to enable proof about their license and royalty costs involving the decision of damages. although, the USCAFC vacated the USDC jury's damages award and a few of the USDC's claim construction with admire to ingredients of their '504 and '211 patents and remanded the damages award and resolution of infringement with respect to FaceTime returned to the USDC for further court cases.
On September 30, 2016, pursuant to the 2014 remand from the USCAFC, a jury within the USDC awarded us $302,400 for Apple's infringement of four of their patents. On September 29, 2017, the USDC entered its final judgement, denied all of Apple's publish-trial motions, granted all their post-trial motions, including their movement for willful infringement and more desirable the royalty price throughout the willfulness period from $1.20 to $1.80 per equipment, and awarded us fees, definite attorneys' costs, and prejudgment activity. the total amount in the closing judgement changed into $439,seven-hundred, together with $302,400 (jury verdict), $41,300 (better damages) and $ninety six,000 (charges, expenses and hobby).
On October 27, 2017 Apple filed its notice of enchantment of this ultimate judgement to the USCAFC. Apple filed its opening short on March 19, 2018. They filed their response on April 4, 2018. On April 11, 2018, USCAFC distinct cases 18-1197-CB, Case 17-1368 and Case 17-1591 as companion cases and assigned to the equal deserves panel. routine and traits after this order are described under beneath VirnetX Inc. v. The Mangrove companions (USCAFC Case 17-1368) ("Consolidated appeal").
VirnetX Inc. v. Apple, Inc. (case 6:12-CV-00855-LED) ("Apple II")
This case started on November 6, 2012, when they had filed a complaint in opposition t Apple in USDC wherein they alleged that Apple infringed on certain of their patents, (U.S. Patent Nos. 6,502,135, 7,418,504, 7,921,211 and 7,490,151). They sought damages and injunctive relief. The accused products include the iPhone 5, iPod contact fifth era, iPad 4th generation, iPad mini, and the newest Macintosh computer systems? these products have been now not covered within the Apple I case as a result of they have been launched after the Apple I case was initiated. put up-Trial Motions listening to turned into held on July 18, 2018. On August 31, 2018, the USDC entered a last Judgment and issued its Memorandum Opinion and Order involving post-trial motions, declaring the jury's verdict of $502,600 and granting VirnetX's motions for supplemental damages, a sundown royalty and the royalty rate of $1.20 per infringing iPhone, iPad and Mac items, pre-judgment and post-judgment pastime and charges. On September 20, 2018, pursuant to a court's order, attorneys from VirnetX and Apple conferred and agreed, with out dispute, to add an amount totaling $93,300 for invoice of charges and Prejudgment interest to the $502,600 jury verdict. the overall quantity within the final judgement within the Apple II case is now $595,900. Apple has filed a word of appeal with the USCAFC in the Apple II case. On October 9, 2018, USCAFC accredited the observe and docketed it as Case No. 19-1050 - VirnetX Inc. v. Apple Inc. All subsequent hobbies and tendencies in this case are described under below VirnetX Inc. v. Apple Inc. (USCAFC Case 19-1050) ("Apple II appeal").
VirnetX Inc. v. The Mangrove companions (USCAFC Case 17-1368) ("Consolidated attraction")
On April 11, 2018, the USCAFC in an order particular here appeals as associate situations and assigned to the equal merits panel;
VirnetX Inc. v. The Mangrove companions (USCAFC Case 17-1368)
On December sixteen, 2016, they filed appeals with the USCAFC, appealing the invalidity findings by the Patent Trial and enchantment Board ("PTAB") in IPR2015-01046, and on December 20, 2016 for IPR2015-1047, involving their U.S. Patent Nos. 6,502,one hundred thirty five, and seven,490,151. These appeals also contain Apple, Inc. and one in every of them contains Black Swamp IP, LLC. Oral arguments during this case were argued on January eight, 2019. we're looking forward to the court's choice during this rely.
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VirnetX Inc. v. Cisco systems, Inc. (USCAFC Case 18-1197-CB) (appeal of Apple I Case)
On October 27, 2017 Apple filed its word of enchantment of the closing Judgment entered on September 29, 2017 to the us court of Appeals for the Federal Circuit. Oral arguments in this case have been held on January 8, 2019. On January 15, 2019 the court docket's issued a Rule 36 order affirming the District courtroom Judgement. Apple filed a request for panel rehearing and rehearing en-banc in this be counted on February 21, 2019. On March 12, 2019, the court docket invited us to respond to Apple's petition on or earlier than March 26, 2019. we're at the moment getting ready their response.
VirnetX Inc. v. Apple Inc., Cisco methods, Inc. (USCAFC Case 17-1591)
On February 7, 2017, they filed appeals with the USCAFC, appealing the invalidity findings by means of the PTAB in inter-events' reexamination nos. 95/001,788, ninety five/001,789, and ninety five/001,856 involving their U.S. Patent Nos. 7,921,211 and seven,418,504. Oral arguments in this case had been argued on January 8, 2019. they are looking ahead to the court's resolution in this count number.
VirnetX Inc. v. Apple Inc. (USCAFC Case 19-1050) ("Apple II enchantment")
On January 24, 2019 Apple filed opening quick. They filed their response on March 1, 2019. Apple's next response is due on April 5, 2019. The oral arguments haven't yet been scheduled.
VirnetX Inc. v. Apple Inc. (Case 17-2490)
On August 23, 2017, they filed with the USCAFC appeals of the invalidity findings by the PTAB in IPR2016-00331 and IPR2016-00332 involving their U.S. Patent No. eight,504,696. On December 10, 2018, the USCAFC issued an opinion declaring the PTAB's invalidity findings.
VirnetX Inc. (Case 17-2593)
On September 22, 2017, they filed with the USCAFC, appeals of the invalidity findings by the PTAB in IPR2016-00693 and IPR2016-00957 involving their U.S. Patent Nos. 7,418,504 and 7,921,211. The briefing in these appeals has now not taken region. The entity that initiated the IPRs, Black Swamp IP, LLC, indicated on October 18, 2017, that it would not participate in the appeals. On November 27, 2017, the USPTO indicated that it will intervene in the appeals. On January 19, 2018, the USCAFC stayed these appeals pending the USCAFC's determination in Case 17-1591.
VirnetX Inc. (Case 18-1751)
On March 30, 2018, they filed with the USCAFC an appeal of the invalidity findings by the PTAB in inter-partes reexamination no. 95/001,851 involving their U.S. Patent No. 7,418,504. The briefing in this attraction has been concluded; the oral argument has no longer yet been scheduled.
VirnetX Inc. (Case 18-1872)
On April 23, 2018, they filed with the USCAFC an appeal of the invalidity findings via the PTAB in IPR2016-01585 involving their U.S. Patent No. eight,904,516. On November 30, 2018, the USCAFC granted an unopposed movement to brush aside this attraction.
VirnetX Inc. (Case 18-2211)
On July 31, 2018, they filed with the USCAFC an enchantment of the invalidity findings by using the PTAB in IPR2017-00337 involving their U.S. Patent No. 9,038,163. On November 30, 2018, the USCAFC granted an unopposed action to disregard this enchantment.
VirnetX Inc. (Case 19-1043)
On October 1, 2018, they filed with the USCAFC an attraction of the invalidity findings via the PTAB in inter-partes reexamination no. ninety five/001,746 involving their U.S. Patent No. 6,839,759. VirnetX's opening short is due in March 2019.
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One or more capabilities intellectual property infringement claims may also be obtainable to us towards definite different organizations who've the substances to take care of in opposition t this type of claims. despite the fact they trust these expertise claims are possible legitimate, starting up a lawsuit will also be expensive and time-consuming, and there's no assurance that they could prevail on such potential claims if they made them. additionally, bringing a lawsuit might also lead to expertise counterclaims which may additionally distract their administration and their different elements, together with capital elements, from efforts to efficiently commercialize their products.
at the moment, they aren't a party to every other pending felony court cases and don't seem to be aware of any proceeding threatened or meditated towards us.
Commitments and linked birthday party Transactions
We lease their workplaces beneath an operating hire with a third birthday celebration expiring in October 2019. They recognize hire fee on a straight-line basis over the time period of the hire.
We entered right into a carrier contract for using an plane from K2 funding Fund LLC ("LLC") for company trip for personnel of the company. They incurred approximately $1,590, $1,240, and $772 in apartment expenses and reimbursements to the LLC during the years ended December 31, 2018, 2017 and 2016, respectively. They pay for the enterprise's company utilization of the plane and have no right to buy. Their Chief executive Officer and Chief Administrative Officer are the managing companions of the LLC and handle the fairness pursuits of the LLC. They entered into a 12-month non-unique agreement with the LLC for use of the aircraft at a cost of $8 per flight hour, with no minimum utilization requirement. The settlement carries different phrases and prerequisites normal in such transactions and can be cancelled by using both us or the LLC with 30 days' notice. The contract renews on an annual groundwork unless terminated by using both birthday party. Neither birthday party has exercised their termination rights.
crucial Accounting guidelines
The coaching of monetary statements in conformity with accounting principles generally accepted in the u.s. ("GAAP") requires us to make estimates and assumptions that have an effect on the reported quantities of assets and liabilities and disclosure of contingent belongings and liabilities at the date of the fiscal statements and the stated quantities of revenues and fees throughout the mentioned length. The essential accounting guidelines they employ within the education of their consolidated fiscal statements are those which involve impairment of lengthy-lived property, salary taxes, reasonable price of fiscal devices and inventory-based mostly compensation.
foundation of Consolidation
The consolidated financial statements consist of the bills of VirnetX keeping supplier and their entirely-owned subsidiaries. All intercompany balances and transactions were eradicated.
Use of Estimates
We put together their condensed consolidated financial statements in response to U.S. GAAP. In doing so, they should make estimates and assumptions that have an effect on their mentioned amounts of assets, liabilities, revenues, and charges, in addition to linked disclosure of contingent belongings and liabilities. In some situations, they might fairly have used diverse accounting guidelines and estimates. In some instances, alterations in their accounting estimates are reasonably likely to happen. hence, actual outcomes may fluctuate materially from their estimates. To the extent that there are material variations between these estimates and precise consequences, their economic condition or results of operations may be affected. They base their estimates on previous event and other assumptions that they consider are reasonable under the situations, on the time they are made, and they consider these estimates on an ongoing foundation. They confer with accounting estimates of this class as vital accounting guidelines and estimates, which they talk about additional beneath.
We derive their earnings from patent licensing. The timing and amount of income recognized from each and every licensee will depend on quite a lot of factors, together with the specific phrases of every settlement and the nature of the deliverables and obligations. Such agreements can be complex and consist of distinct features. These agreements may additionally include, with out dilemma, features involving the contract of previous patent infringement liabilities, up-front and non-refundable license costs for the use of patents, patent licensing royalties on lined products sold by means of licensees, and the compensation constitution and ownership of intellectual property rights linked to contractual know-how development preparations.
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We account for salary according to Accounting requisites update ("ASU") No.2014-09, salary from Contracts with customers ("topic 606"), which they adopted on January 1, 2018 the use of the modified-retrospective formula (see note 15
beneath subject 606 a performance obligation is a promise in a contract to switch a definite good or provider to the consumer. A contract's transaction expense is allotted to every diverse performance responsibility and identified as earnings when, or as, the efficiency responsibility is convinced. Their income arrangements can also consist of assorted-element preparations, with revenue for every unit of accounting recognized because the product or carrier is delivered to the customer.
With the licensing of their patents, performance duties are generally convinced at a point in time as work is complete and their patent rights are transferred to their customers. They commonly have no additional duty to their valued clientele related to their technology.
certain contracts may additionally require their valued clientele to enter into a hosting association with us and for these arrangements' revenue is identified over time, frequently over the life of the servicing contract.
ahead of January 1, 2018 they recognized earnings in keeping with previous counsel which required consideration to be allotted to each and every point of an settlement using the relative reasonable cost formulation. In other situations, such as those agreements involving consideration for past and anticipated future patent royalty tasks, after consideration of the particular information and circumstances, the applicable recording of profits between durations required using judgment. In all situations, earnings turned into only identified in any case the following criteria are met: (1) written agreements had been done; (2) delivery of technology or intellectual property rights had occurred or capabilities had been rendered; (3) fees had been mounted or determinable; and (four) collectability of fees become reasonably assured.
under the old assistance, upon signing a patent license agreement, together with licenses entered upon agreement of litigation, they supplied the licensee permission to make use of their patented know-how in certain functions. They accounted for patent license agreements with quantities allocated to every element in keeping with their reasonable values and they elected to utilize the leased-primarily based model for revenue cognizance with revenue being diagnosed over the anticipated length of benefit to the licensee.
From 2013 to 2016, they acquired payments totaling $10,000 below a contract ("August 2013 Contract contract"). in response to their income awareness policy, they deferred after which recognized earnings over the lifetime of the contract, however now not forward of assortment. They adopted topic 606 on January 1, 2018 using the modified retrospective method as discussed above. in consequence, revenues totaling $2,500 under the contract were not deferred and have been written down as an adjustment to the opening stability of retained earnings (see observe 15 - effects of Adopting ASU theme 606).
Royalty cost for the years ended December 31, 2018, 2017 and 2016 turned into $0, $0 and $884, respectively, and become end result of the their royalty contract with Leidos. The agreement gives for salary sharing and prison reimbursements related to legal professional time and expenses incurred by way of Leidos during discovery and different points of litigation involving the defense of their patents which were resolved.
salary Per Share
simple profits per share are computed with the aid of dividing income accessible to regular stockholders by means of the weighted typical variety of stunning usual shares throughout the duration. Diluted revenue per share are computed by means of dividing net earnings by using the weighted common variety of shares excellent right through the length expanded to include the variety of extra shares of usual stock that would were stunning if the probably dilutive securities had been issued. all the way through the years ended 2018, 2017 and 2016 they incurred losses. therefore, the effects of any commonplace inventory equivalent were anti-dilutive all over these durations.
concentration of credit score chance and other risks and Uncertainties
Our money and money equivalents are essentially maintained at two essential financial institutions within the united states. A portion of those balances are insured by means of the Federal Deposit coverage enterprise. right through the 12 months ended . . .
Mar 18, 2019
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