Monday October 03, 2016

Apple Loses Patent Retrial To VirnetX, Owes $302.4M

It looks like it is time for Apple to start digging in its couch cushions to pay VirnetX over $300 million for patent infringement. Apple still faces another court hearing to determine whether or not it willfully infringed the patents.

A jury in 2012 awarded $368.2 million in damages, but the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., partly overturned that verdict, saying there were problems with how the trial judge instructed jurors on calculating damages. On remand, VirnetX's two suits were combined, and in February, a jury returned with an even bigger verdict, $625.6 million, one of the highest ever in a U.S. patent case. In the latest trial, jurors were asked to determine damages on two VirnetX patents that Apple had already been found to infringe, and to determine both infringement and damages on another two patents. The $302.4 million award was in line with what VirnetX had been demanding.