The Virnetx v. Apple patent fight has been managing considering that 2010. Virnetx gained its first verdict in opposition to Apple in 2012.  The court in that scenario needed two a lot more jury trials — but Virtnetx gained all three and the $300 million problems award is pending appeal just before the Federal Circuit.

Apple redesigned its FaceTime and VPNOnDemand items back in 2012.  Rather than introducing the redesigns to the first scenario, Virnetx submitted a new lawsuit (2012).  In April 2018, a jury awarded an extra $500 million in damages and found that Apple’s infringement was willful.

Now, Judge Schroeder (E.D.Tex.) has issued his submit-trial viewpoint that confirms the verdict and problems award (with fascination), but refuses to grant any injunction or increased damages for willfulness.  In unique, the court found no irreparable harm due to ongoing infringement and – on willfulness – was pursuaded (despite the jury verdict of willfulness) that “Apple taken care of a very good faith perception that its redesigns did not infringe.” The court did grant an ongoing royalty of $1.20 for each unit – which was the regular royalty rate established by the jury for back damages.

Read the determination here: Apple500Decline.  This scenario will definitely be appealed.


Dennis Crouch

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