Apple has been embroiled in a decade-long battle with patent licensing firm VirnetX, which is commonly described as a “patent troll.” In a brand new resolution right now, Apple was handed a victory by the US Courtroom of Appeals for the Federal Circuit, however the case remains to be not fairly over.
To refresh your reminiscence, Apple and VirnetX have battled it out in a number of totally different patent infringement trials over the past 13 years. In 2012, a decide in East Texas dominated that Apple had infringed upon a number of VirnetX patents associated to community expertise and set damages at $368 million. After a number of appeals and retrials, this case finally made its method all the way in which to the US Supreme Courtroom in 2020, the place Apple’s remaining try at an attraction was denied. Apple then paid VirnetX $454 million to settle the case.
In 2016, an East Texas federal decide dominated that Apple should pay $302.4 million in damages for infringing upon VirnetX’s patents with providers like FaceTime and iMessage. These damages have been then elevated to $440 million as a result of curiosity, enhanced damages, and different prices. Apple tried to attraction the end result of this case, however its request was denied by the US Courtroom of Appeals in 2019.
That brings us to the place we’re right now, as Apple and VirnetX face off in a separate case relating to patents associated to FaceTime, VPN, and iMessage providers. In 2018, a jury in East Texas awarded VirnetX $502 million in damages, ruling that Apple had infringed upon a number of patents associated to VPN expertise. Apple instantly appealed that ruling with the Federal Circuit.
The patents on this case, nonetheless, have been invalidated by U.S. Patent and Trademark Workplace final yr. As reported by Reuters right now, the U.S. Courtroom of Appeals for the Federal Circuit upheld the choice from the US PTO, invalidating the patents in query. The patents have been deemed invalid “in gentle of earlier publications that described the identical innovations.”
With the Federal Circuit’s resolution right now, VirnetX and Apple now await a remaining resolution in Apple’s attraction of the preliminary verdict out of East Texas. The expectation, nonetheless, is that the invalidation of the patents will negate that preliminary $502 million verdict, thereby handing Apple a victory over VirnetX.
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