Apple ordered to pay over $302 mn in damages to VirnetX
03 Oct 2016
On Friday, a federal jury, in Texas ordered Apple pay to over $302 million in damages for using VirnetX's internet security patent without permission.
The $302.4 million award was about the same demanded by VirnetX.
VirnetX has acquired the reputation of a patent troll as almost all of its revenue comes from patent licensing and lawsuits.
In February Apple had been ordered to pay $625 million to VirnetX after a US court judged that the iPhone-maker had infringed on patents held by VirnetX in its iMessage and FaceTime services. Apple had appealed the decision, but to no avail.
According to commentators, Apple would also face a further proceeding over whether it willfully infringed the patents, according to court documents, which could result in more damages. It would also need to deal with a second lawsuit filed by VirnetX covering newer versions of Apple security features.
A judge, last August rejected VirnetX's $625.6-million win over Apple from an earlier trial saying the jurors had been confused.
The latest development comes after Apple and VirnetX had fought over years, starting in 2010 when VirnetX, a Nevada-based patent licensor, filed suit in an East Texas federal court, claiming infringement of four security patents, including VPNs.
The jury in Tyler, Texas, ruled Friday that Apple infringed two patents related to its FaceTime calling feature. The damage award also included the amount Apple would need to pay for using VirnetX technology in Virtual Private Network on Demand, also called VOD.
This was the third trial in the case that started in 2010. A portion of the first verdict was upheld by an appeals court, which found Apple's VOD infringed two patents, leaving the jury only to determine the amount Apple needed to pay.
In a separate ruling the appeals court ordered a reconsideration of whether FaceTime infringed two other patents.
