Appeals court affirms $440M patent judgment against Apple

ronjor · Jan 16, 2019

Cyrus Farivar - 1/16/2019

On Tuesday, the US Court of Appeals for the Federal Circuit denied Apple's efforts to overturn a 2016 verdict that imposed $302 million in damages. That figure has since risen to encompass enhanced damages, interest, and more. Many would dub the Nevada-based VirnetX a "patent troll," as it has no meaningful source of income outside of patent litigation.
Click to expand...

guest · Aug 3, 2019

Apple loses FaceTime patent appeal again. And again. And again. And again. And again... yes, it's the fifth time
August 2, 2019
https://www.theregister.co.uk/2019/08/02/apple_facetime_virnetx_patent_appeal/

Apple has lost its fifth legal appeal against the holder of network protocol patents, VirnetX, inching the case forward one judgment at a time.
In the larger reckoning this week's decision leaves the legal battle at VirnetX 8: Apple 2. The court in this case not only validated the patents (again) but refused to revisit one of the verdicts against Apple, one for $440m.

While the court said Apple was no longer able to challenge some of the patents because it has already lost a similar challenge in a different thread of its legal battle, it also said that the PTAB was right when it invalidated some of the other claims of the patents.
Huh?
Confused? That's what comes of a nearly decade-long legal fight with an endless bucket of resources to pay for lawyers.
Click to expand...

In essence, Apple has fought the patents in two different ways: claiming that they aren't valid, and that it never infringed them anyway. It lost earlier trials on both points but appealed at every stage. When the courts decided that the patents were valid as they applied to the legal case in front of them, Apple then went through the patent system to try to invalidate them.
Click to expand...

guest · Nov 23, 2019

VirnetX patent win against Apple vacated by U.S. appeals court
November 22, 2019
https://www.reuters.com/article/us-...le-vacated-by-u-s-appeals-court-idUSKBN1XW1TS

A U.S. appeals court on Friday voided a jury’s calculation that Apple Inc (AAPL.O) should pay $503 million for infringing patents owned by licensing firm VirnetX Holdings Corp , setting the stage for another potential trial in a decade-old legal battle.

In a partial victory for VirnetX, the U.S. Court of Appeals for the Federal Circuit left in place a Texas jury’s finding that Apple iPhones infringed two VirnetX patents relating to secure communications technology.
The court reversed the jury’s infringement finding on two other patents, however. Based on that ruling, the court sent the case back to a Texas judge for further proceedings.
The Texas judge must consider whether to hold a new damages-only trial or to recalculate damages without holding one, the appeals court said.
Click to expand...

guest · Feb 10, 2020

U.S. appeals court denies Apple bid for rehearing in VirnetX patent case
February 10, 2020
https://in.reuters.com/article/us-a...ehearing-in-virnetx-patent-case-idINKBN20426Q

A U.S. appeals court on Monday denied a request by Apple Inc (AAPL.O) that it reconsider a decision upholding a finding Apple iPhones infringed VirnetX Holding Corp patents relating to secure communications technology.
Click to expand...

guest · Feb 24, 2020

U.S. Supreme Court rejects Apple appeal in patent fight with VirnetX
February 24, 2020
https://www.reuters.com/article/us-...al-in-patent-fight-with-virnetx-idUSKCN20I1OV

The U.S. Supreme Court on Monday refused to hear Apple Inc’s bid to avoid paying about $440 million in damages for using patent licensing firm VirnetX Inc’s internet security technology without permission in features such as FaceTime video calling.
Click to expand...

guest · Mar 13, 2020

Apple Pays VirnetX $454 Million for Patent Infringement After U.S. Supreme Court Refuses to Hear Apple's Appeal
March 13, 2020
https://www.macrumors.com/2020/03/13/apple-pays-virnetx-454-million/

Apple has paid VirnetX a total of $454,033,859.87 following the conclusion of a long-running patent infringement battle, VirnetX announced today.

The patent dispute between VirnetX and Apple dates back to 2010 when VirnetX accused Apple's FaceTime feature of infringing on its intellectual property, and there are multiple lawsuits involved.
Most recently, Apple attempted to get the U.S. Supreme Court to hear its appeal, but the Supreme Court in February 2020 declined to intervene.
Click to expand...

VirnetX Receives Payment in Apple Suit

guest · Sep 3, 2020

Apple isn't getting $454M back from VirnetX because it waited too long to ask
September 2, 2020
https://appleinsider.com/articles/2...rom-virnetx-because-it-waited-too-long-to-ask

Apple won't be able to get back any of the $454 million it paid to VirnetX for infringing patents even after those patents were invalidated, a judge ruled on Tuesday.

In March, VirnetX confirmed that Apple sent a $454 million payment for infringing several of its patents through the FaceTime and VPN on Demand features. The payment capped a legal saga a decade in the making.
Apple was hoping to get some of that payment back, but U.S. District Judge Robert W. Schroeder III ruled on Tuesday that Apple unreasonably delayed its request to do so, according to a decision spotted by Law360.
Click to expand...

In his decision Tuesday, Judge Schroeder said that Apple waited too long to file a "strikingly" similar motion, adding that because "Apple drafted a substantively identical motion in six days, it did not need five months to reframe that motion as a request for relief under Rule 60(b)."

The judge was also unswayed by Apple's argument that it wanted to give the Supreme Court time to render a decision. He said that VirnetX could not have been prejudiced in this case, since it had already been paid.

"VirnetX's lack of prejudice cuts against a finding of untimeliness, but it does not outweigh Apple's failure to provide a colorable excuse for its delay," Judge Schroeder wrote in his order.
Click to expand...

guest · Oct 31, 2020

Apple Ordered to Pay VirnetX Another $502.8 Million for Patent Infringement
October 30, 2020
https://www.macrumors.com/2020/10/30/apple-virnetx-503-million-patent-infringement/

A jury today ruled that Apple owes VirnetX $502.8 million for patent infringement in an ongoing legal battle that has spanned 10 years. The dispute started in 2010, when VirnetX accused Apple's FaceTime feature of infringing on VirnetX patents.

According to Bloomberg, the jury in the case was asked to determine how much Apple owes VirnetX in royalties for VPN on Demand, an iPhone feature that lets people access virtual private networks.
VirnetX wanted Apple to pay $700 million, while Apple argued that it should pay $113 million, based on a royalty rate of 19 cents per unit. The jury instead decided on the 84 cent per unit total.
Click to expand...

guest · Dec 18, 2020

Apple protests VirnetX patent loss that could cost over $1 billion
December 18, 2020
https://appleinsider.com/articles/2...tx-patent-loss-that-could-cost-over-1-billion

Apple has asked a US District judge to reduce the amount of damages it is required to pay VirnetX over a patent infringement, and argues that new claims will mean it being required to pay over $1 billion.

Following losing a patent infringement case brought by VirnetX, Apple has ask US Direct Judge Robert W. Schroeder III to reduce the amount it is required to pay. The company's request came during a video hearing in which VirnetX lawyers asked the court to add on at least $116 million in interest.
According to Bloomberg, during this latest hearing, Apple asked instead that the total it is required to pay VirnetX be cut over 75% to $113 million in total.
Click to expand...

guest · Jan 16, 2021

Judge denies new Apple & VirnetX trial, Apple will likely owe more than $1B
January 16, 2021
https://appleinsider.com/articles/2...netx-trial-apple-will-likely-owe-more-than-1b

As Apple's legal battle with VirnetX over FaceTime patent infringement nears an end, Apple may find itself owing the Nevada-based security company over $1 billion in interest and royalties.

In a ruling published on Friday, Judge Robert W. Schroeder III rejected several of Apple's requests, including the demand for a new trial and limiting VirnetX's award to just under $114 million. According to Reuters, Apple had also requested that jurors should have been told that the U.S. Patent and Trademark Office had deemed VirnetX's claims "unpatentable," but the request was ultimately denied.
Click to expand...

Furthermore, the judge confirmed that Apple owes $0.84 per unit for future infringements, which is what the jury set for a royalty. Apple was seeking no royalty, or $0.19 per unit, at various points in the trial and appeal process.
Click to expand...

Log in or Sign up

Appeals court affirms $440M patent judgment against Apple

ronjor Global Moderator

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

Log in or Sign up

Appeals court affirms $440M patent judgment against Apple

ronjor Global Moderator

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

guest Guest

Useful Searches