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What: Shares of Internet security and software company VirnetX (AMEX: VHC) popped as much as 11.5% this morning before giving back nearly all of its gains after a U.S. District Court issued a Markman Order regarding an ongoing patent infringement claim.

So what: The order, which rules on patent claim language, often serves as a great indicator for which way the court will eventually rule. According to VirnetX, which has filed patent claims against Cisco Systems (Nasdaq: CSCO), Apple (Nasdaq: AAPL), NEC, and Aastra, for violating two of its VPN-related patents, the initial comments look favorable to it winning.

Now what: VirnetX isn't a stranger to suing larger corporations over patent rights, as it successfully sued Microsoft (Nasdaq: MSFT) in 2007 after alleging that Microsoft Office Communicator and Microsoft Office Meeting violated two of its patents. VirnetX later settled with Microsoft for $200 million. It's not unreasonable to think VirnetX isn't in line to win another case, but I also wouldn't bet the farm on a patent infringement case. At a forward P/E of 82, there are far better values to be had in the technology space than VirnetX.

Craving more input? Start by adding VirnetX to your free and personalized watchlist so you can keep up on the latest news with the company.

This article represents the opinion of the writer, who may disagree with the “official” recommendation position of a Motley Fool premium advisory service. We’re motley! Questioning an investing thesis -- even one of our own -- helps us all think critically about investing and make decisions that help us become smarter, happier, and richer.