Apple loses patent retrial to the litigious VirnetX, ordered to pay $302.4M
Right here’s but extra proof that the US patent system wants over-hauling.
Again in February we reported that Apple had been ordered to pay $625 million to infamous litigator VirnetX after a U.S. court docket judged that the iPhone-maker had infringed on patents held by VirnetX in its iMessage and FaceTime providers. (VirnetX typically described as a patent troll as a result of it makes nearly all of its income from patent licensing and lawsuits).
Apple went forward and appealed the choice, arguing that the patents in query weren’t legitimate.
However on Friday night time that attraction got here to nothing. A federal jury in Texas ordered Apple pay greater than $302 million in damages for utilizing VirnetX’s web safety patent with out permission. The $302.four million award was near what VirnetX had demanded.
Apple has declined to remark. Apple can even face one other an extra continuing over whether or not it willfully infringed the patents, in accordance with court docket paperwork, which may result in but extra damages. It’s going to additionally must cope with a second lawsuit filed by VirnetX overlaying newer variations of Apple safety features.
Final August a choose rejected VirnetX’s $625.6 million win over Apple from a earlier trial saying the jurors had been confused (who can blame them!).
The most recent twist comes after years of preventing between the oft-called ‘patent troll’ and Apple, beginning in 2010 when VirnetX, a Nevada-based patent licensor, filed go well with in an East Texas federal court docket, claiming infringement of 4 safety patents, together with VPNs.
On this most up-to-date trial, jurors needed to work out damages on two VirnetX patents that Apple had been beforehand been adjudged to have infringed, and to rule on infringement and damages on one other two patents.
The Japanese Texas Court docket the place the newest trials have taken place has a identified historical past for favoring plaintiffs in circumstances of alleging infringement.
Nevada-based VirnetX gained $368 million from Apple in 2013 when a U.S. court docket dominated that it infringed on patents utilized in FaceTime and its VPN service inside iOS. Apple modified its providers, however VirnetX got here again for extra, saying the adjustments weren’t sufficient. VirnetX has taken on Cisco, Avaya, Siemens and others for alleged patent violations.
It settled a 2014 dispute with Microsoft over patents utilized in Skype, profitable $24 million and made $200 million from the agency through a 2010 case.
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