VirnetX wins $302 mn trial against Apple

The jury in Tyler, Texas, said Apple infringed two patents related to its FaceTime calling feature

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Susan DeckerDennis Robertson
Last Updated : Oct 01 2016 | 9:34 PM IST
Apple was told to pay $302.4 million to VirnetX Holding for infringing patents covering secure computer and mobile communications, following a federal jury trial in Texas.

The jury in Tyler, Texas, said Apple infringed two patents related to its FaceTime calling feature. The damage award also includes the amount Apple must pay for use of VirnetX technology in Virtual Private Network on Demand, also called VOD.

This was the third trial in a case that began in 2010. An appeals court upheld a portion of the first verdict, which found Apple's VOD infringed two patents, leaving the jury only to determine how much Apple should pay.

Separately, the appeals court ordered a reconsideration of whether FaceTime infringed two other patents.

The last time a jury heard the case - the second trial -VirnetX was awarded $625.6 million, though that also involved newer versions of the two Apple products. A trial judge threw out that case in July, saying it was unfair to Apple to combine all the issues.

The amount was on point with what VirnetX argued it was entitled to during September 26 opening arguments, based on the billions of dollars worth of products sold by Cupertino, California-based Apple. The iPhone maker countered that VirnetX was entitled to no more than $25 million.

VirnetX, which had 20 full- and part-time employees as of December 31, has been unsuccessful in marketing its own software and relies on patent licensing for revenue. Its last big payout was from a $23 million settlement with Microsoft announced in ecember 2014.

VirnetX was founded by former employees of government contractor SAIC, and the company has said that its technology stemmed from work done for the US Central Intelligence Agency to develop secure communications. The US Patent and Trademark Office conducted parallel reviews of the four patents and on September 9 said none covered new inventions.
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First Published: Oct 01 2016 | 9:25 PM IST

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