Administrative Law Judge Gildea denied Apple’s motion to sanction complainant VirnetX Inc. (“VirnetX”) for requesting withdrawal and termination of its second ITC complaint alleging Apple infringed the same patent. Apple argued that the complaint was a waste of public and private resources driven by VirnetX’s forum shopping in an effort to obtain a license. The hearing in the investigation, Certain Devices with Secure Communication Capabilities, Components Thereof, and Products Containing Same, Inv. No. 337-TA-858, was scheduled to commence on May 20. In the order made public on April 30, 2013, Judge Gildea held that Apple did not prove that VirnetX’s statement that it wished to focus on district court litigation lacked candor, and therefore Apple failed to demonstrate that VirnetX “crossed the line into sanctionable conduct under the Commission’s rules.” Specifically, Judge Gildea noted that many litigants file complaints in both district court and the ITC, which is not, in itself, a basis to finding inappropriate conduct. With respect to VirnetX filing two complaints on the same patent, Judge Gildea noted that the “significant expenditure of fees and costs by Apple as well as the use of agency and other resources, are not yet enough to become a pattern of harassing behavior.”