VHC lost the litigation today in regards to CISCO's 3G technology. However, the IP that VirnetX holds for 4G technology is where the future monetary rewards will be derived. Granted they could lose another battle, but I agree with Ming when it comes to predicting the winner of the war.
With VHC, it's always been about the future. Only problem is, they never get there. I wonder how far in the future it will be until Gabriel gets to market. I believe they're only 4 years late at this point, but who's watching?