Apple loses patent retrial to VirnetX, owes $302.4 million

“A federal jury in Texas on Friday night ordered Apple Inc to pay more than $302 million in damages for using VirnetX Holding Corp’s patented internet security technology without permission in features including its FaceTime video conferencing application,” Andrew Chung reports for Reuters.

“The verdict came in a new trial in Tyler, Texas that had been ordered by the judge in the case, Robert Schroeder, who last August threw out VirnetX’s $625.6 million win over Apple from a previous trial because he said jurors in that case may have been confused,” Chung reports. “VirnetX and Apple have been fighting over patents for years. The case began in 2010 when VirnetX, a Nevada-based patent licensor, filed suit in the Eastern District of Texas federal court, claiming infringement of four patents for secure networks, known as virtual private networks, and secure communications links.”

“According to court documents, Apple is to face another court proceeding over whether it willfully infringed the patents, which could lead to higher damages,” Chung reports. “Apple will also have to contend with the trial in a second lawsuit VirnetX filed against Apple over newer versions of Apple security features, as well as its iMessage application.”

Read more in the full article here.

“The U.S. Patent and Trademark Office conducted parallel reviews of the four patents and on Sept. 9 said none covered new inventions. The agency uses a different standard of review and it’s easier to have a patent found invalid by the patent office than a district court,” Susan Decker and Dennis Robertson report for Bloomberg. “Still, the ultimate decision will lie with the U.S. Court of Appeals for the Federal Circuit in Washington, which specializes in patent law.”

Decker and Robertson report, “The Federal Circuit will use the patent office’s legal standard when reviewing the agency’s decisions, and the district court’s legal standard when ruling on the jury verdict. That means VirnetX needs to win in both instances to ultimately get money from Apple.”

Read more in the full article here.

MacDailyNews Take: The rocket docket jury’s verdict is a joke. We’ll wait for the real decisions on these matters.

Judge voids VirnetX’s $625.6 million Apple verdict; VirnetX shares plunge – August 1, 2016
Patent troll VirnetX wants judge to block Apple’s FaceTime, iMessage services – May 26, 2016
Apple hit with $626 million damages in VirnetX patent case – February 3, 2016
VirnetX’s $368 million jury award against Apple tossed by appeals court – September 16, 2014
Apple to make changes to VPN behavior in iOS 6.1 as result of VirnetX judgement – April 5, 2013
Judge upholds $368 million patent suit verdict for VirnetX against Apple – February 27, 2013
Jury slaps Apple with $368.2 million fine over VirnetX patents – November 7, 2012
VirnetX awarded new security patent files new complaint against Apple – November 1, 2011


  1. You’d think Timmy Boy would have learned a thing or too from Crooked Hillary by now. Just destroy all evidence with Bleach Bit, threaten the life of all witnesses who don’t take “The Fifth”, and just reiterate that there was no “intent” to infringe on anyone’s patents.
    Oh, and the most important one, buy off the judge. With as much money that Apple has, this should have been no problem.
    And just to keep his hands clean, Timmy Boy needs to donate to the Clinton Fdn. and they’ll take care of the dirty work if you get my drift…

    1. You should apply for a job as a FOX news comentator. You obviously like tech and there are no better robots spewing garbled data, like yourself, than those at FOX. Maybe you’ll get a chance at landing the job of their new President/CEO so you can spew your garbled data on a more official basis. Hey and just think how “in” you’ll be if your boy “the Donald” wins. You’ll have it made in the shade.

    1. Seriously this should be an option discussed.

      If Apple truly believes they are innocent, they would rather win the case than give these guys a single dime.

      Buying them is, in a way, a reward.

  2. Isn’t it ironic.

    Apple who would patent air, dirt, or my crap – if they could, gets nailed by another patent troll.

    Maybe it’s time for the patent office to stop allowing people patenting everything.

    I wonder if anyone has put a patent on right-handedness or the moon?

  3. The least I can say is that I don’t agree on how the patent system works in the US. But the law is the same for all.

    When Samsung has been condemned for its patents infringements you were all cheering this system.

    When google got sued by Oracle you all hoped for google to be condemned to incredible amounts (Just for a few lines of code and API usage).

    Now that Apple has to taste its own medicine you seem not to accept it anymore.

    The irony is burning

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