A series of motions filed by Apple in the court challenged the validity of the verdict of the patent software licensing company VirnetX. Apple is facing a fine of US$439.7 million. There are still appeals within the company and the company is seeking to be sentenced. The procedure for infringing on the invalidity of the relevant patent rights of VirnetX may invalidate the patent and cause the previous verdict to be invalid.
On Monday, the District Court for the Eastern District of Texas dismissed Apple's motion for retrial. The rejected motions were all motions concerning changes to previous judgments, including a judgment on illegal infringement and a judgment on damages. Apple is trying to find ways to apply for retrial of these two accused names.
As a result of the previous verdict, the jury awarded a final verdict of $302.4 million, plus a $41.3 million intentional infringement fine and $96 million in attorneys' fees. However, Apple revealed to foreign media that it intends to appeal these verdicts.
In addition, all of VirnetX's patents have been declared invalid - VirnetX is currently appealing. Technically, patented technology remains valid unless all of VirnetX's appeal opportunities have been exhausted, and if no appeal is successful, those patents that have been declared invalid will no longer be able to be used as VirnetX patented money collectors.
By then, if the invalidation of the patent was confirmed by the court, then Apple would not have to pay anything.
VirnetX is a communications software provider and has been suing Apple, Cisco, Avaya and Siemens since 2010. Since there are too many technical patents in the hands of companies such as Apple, the VirnetX is not afraid of enemies. In fact, it is said that VirnetX is a "patent rogue".
After years of litigation with Apple, it launched a separate communications platform in 2014. Since the April 2014 update and the preview release in December 2014, the VirnetX Gabriel small and midsize business collaboration suites that were developed by the company have been barely updated.
The first trial found that Apple’s VPN on Demand feature was used in iOS 3 and iOS 6, infringing two VirnetX patents. In addition, during the second court review, Apple was found to have deliberately infringed the patent portfolio of FaceTime, iMessage, and VPN.
In September 2015, these two decisions were eventually rejected. The U.S. Federal Circuit Court of Appeal requested a retrial of the award.
A week later, the retrial jury of the U.S. Federal District Court unanimously decided against Apple’s use of Face Time, iMessage, and VPN services, as well as the devices that run these services, each of which violated VirnetX intellectual property. As a result, VirnetX received compensation of US$625 million. Apple immediately appealed this decision and re-examined it in July 2016.
In September 2016, a federal jury found that Face Time infringed the VirnetX patent and ordered Apple to compensate him $302 million. If VirnetX gets compensation, it will be the second major victory for the telecommunications patent application. The company passed two lawsuits against Skype in 2010 and 2014, and squeezed US$ 223 million from Microsoft.
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