Friday, 5 February 2016
East Texas Jury Awards over $600 million to VirnetX against Apple
In a long running patent dispute generally involving internet related processes, VirnetX has been awarded over $600,000,000 against Apple by an East Texas jury. After reviewing the history concerning the patents in suit in Westlaw, I have to say that this is quite a convoluted matter. It looks like the stakes are high, so all of the litigation and related activity is presumably justified. PR Newswire notes that VirtnetX previously was awarded $358 million, but the U.S. Court of Appeals for the Federal Circuit vacated that award. Notably, the allegedly infringing technology was Apple’s “modified VPN On Demand, iMessage and FaceTime services.” East Texas juries fail to disappoint. Importantly, Professor Dennis Crouch at the Patently Obvious blog notes: "Interesting, after the huge verdict bump, the market cap for the company is $250.9M. That may be about right after paying for fees, costs, and taxes." (Hat tip to BNA and Professor Dennis Crouch’s Patently Obvious Blog).