Apple Plans to Appeal $439M 'Final Judgment' in FaceTime Patent Lawsuit With VirnetX

VirnetX today announced that the United States District Court for the Eastern District of Texas has denied all of Apple's motions in a longstanding FaceTime-related patent lawsuit between the two companies.

iPhone 4 FaceTime
The court also granted all of VirnetX's motions in the retrial and increased the royalty rates that Apple owes during the infringement period, resulting in a revised final judgment amount of $439.7 million.

"We are elated with the Court's Final Judgement of $439 million in that not only did it affirm the jury's verdict of $1.20 per infringing iPhone, iPad and Mac Product, but also added for willful infringement, interest and attorney fees. This is the third time a jury has ruled in our favor against Apple," said Kendall Larsen, VirnetX CEO.

VirnetX originally sued Apple in 2010 over allegations that FaceTime's peer-to-peer connection technology infringed upon its patents. VirnetX won its case in 2012, and Apple was hit with a $368.2 million judgment, but the appeals and retrial process has dragged on for over seven years until now.

Of note, the United States District Court for the Eastern District of Texas is a hotbed for patent infringement lawsuits given several favorable outcomes for patent holding entities like VirnetX. Some would even call the company a patent troll, although it does appear to offer at least one product of some kind.

A spokesperson for Apple confirmed that it plans to appeal this final judgment, according to TechCrunch. It noted that the motions can still be appealed even if the original case was already appealed and lost.

Popular Stories

AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...
CarPlay Pinned Messages

iOS 26.2 Adds New CarPlay Setting

Thursday November 13, 2025 6:48 am PST by
iOS 26 extended pinned conversations in the Messages app to CarPlay, for quick access to your most frequent chats. However, some drivers may prefer the classic view with a list of individual conversations only, and Apple now lets users choose. Apple released the second beta of iOS 26.2 this week, and it introduces a new CarPlay setting for turning off pinned conversations in the Messages...
Tesla Charging

Tesla Working to Add Apple CarPlay Support to Vehicles

Thursday November 13, 2025 8:31 am PST by
Tesla is working to add support for Apple CarPlay in its vehicles, Bloomberg's Mark Gurman reports. Tesla vehicles rely on its own infotainment software system, which integrates vehicle functions, navigation, music, web browsing, and more. The automaker has been an outlier in foregoing support for Apple CarPlay, which has otherwise become an industry standard feature, allowing users to...
tvOS 26 Profiles

tvOS 26.2 Adds a Useful New Feature to Your Apple TV

Friday November 14, 2025 10:02 am PST by
Starting with the upcoming tvOS 26.2 update, currently in beta, additional profiles created on the Apple TV no longer require their own Apple Account. In the Settings app on the Apple TV, under Profiles and Accounts, anyone can create a new profile by simply entering a name and indicating whether the profile is for a kid. The profile will be associated with the primary user's Apple Account,...
iPhone Pocket Short

iPhone Pocket Now Available to Order, But Already Selling Out

Friday November 14, 2025 6:20 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. iPhone Pocket is available to order on Apple's online store starting today, in the United States, France, China, Italy, Japan, Singapore, South Korea, and the United Kingdom. However, it is already completely sold out in the United...
homepod mini thumb feature

New HomePod Mini, Apple TV, and AirTag Were Expected This Year — Where Are They?

Wednesday November 12, 2025 11:42 am PST by
While it was rumored that Apple planned to release new versions of the HomePod mini, Apple TV, and AirTag this year, it is no longer clear if that will still happen. Back in January, Bloomberg's Mark Gurman said Apple planned to release new HomePod mini and Apple TV models "toward the end of the year," while he at one point expected a new AirTag to launch "around the middle of 2025." Yet,...
iOS 26

iOS 26.2 Available Next Month With These 8 New Features

Tuesday November 11, 2025 9:48 am PST by
Apple released the first iOS 26.2 beta last week. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date....
m1 chip slide

Five Years of Apple Silicon: M1 to M5 Performance Comparison

Monday November 10, 2025 1:08 pm PST by
Today marks the fifth anniversary of the Apple silicon chip that replaced Intel chips in Apple's Mac lineup. The first Apple silicon chip, the M1, was unveiled on November 10, 2020. The M1 debuted in the MacBook Air, Mac mini, and 13-inch MacBook Pro. The M1 chip was impressive when it launched, featuring the "world's fastest CPU core" and industry-leading performance per watt, and it's only ...
walmart new ornametns

Walmart Black Friday Deals Begin Today With Low Prices on Headphones, TVs, and More

Friday November 14, 2025 7:55 am PST by
Walmart's Black Friday sale has officially kicked off today, with an online shopping event that's also seeing some matching deals in retail locations. There are quite a few major discounts in this sale, including savings on headphones, TVs, and more. Note: MacRumors is an affiliate partner with Walmart. When you click a link and make a purchase, we may receive a small payment, which helps us...
Tim Cook WWDC 2018

Report: Tim Cook to Step Down as Apple CEO 'as Soon as Next Year'

Saturday November 15, 2025 2:40 pm PST by
Apple is preparing for Tim Cook to step down as CEO of the company "as soon as next year," according to the Financial Times. The company's board of directors and senior executives "recently intensified preparations for Cook to hand over the reins," the report said. While the report said that Apple is unlikely to name a new CEO before its next earnings report in late January, it went on to ...

Top Rated Comments

gaximus Avatar
106 months ago
Whats the point of a "Final Judgment" if you can appeal it?
Score: 19 Votes (Like | Disagree)
WatchFromAfar Avatar
106 months ago
So iphone 8 sales were lacklustre, the 10th anniversary Event at Steve Jobs's theatre went down like a damp squid, and only 46,500 iphone Xs ready at launch day.
and they've 'lost' Facetime case.
Nice.
It's "a damp squib" meaning an explosive that has gotten damp so it can't go off. Still you made me laugh :)
Score: 12 Votes (Like | Disagree)
thisisnotmyname Avatar
106 months ago
smh just pay it the company has $200 billion in the bank
I'd like $100 from you. Just pay it to me, you have the money in the bank. If you'd like I can file a small claim and receive a default judgement so we can continue this analogy.
Score: 11 Votes (Like | Disagree)
Sasparilla Avatar
106 months ago
I remember these guys:

http://anewdomain.net/who-is-virnetx-apple-must-pay-300m-plus-breaking/

Their founding owners were directly related to the U.S. national security establishment - and forced Apple to abandon encrypted phone to phone connections (no middle server)...Apple had to go to server pass through at the time. VirnetX had a patent on the direct client to client technology and wouldn't license it to Apple - not because it wasn't enough money, just wouldn't license it. Not sure where things stand now. But they weren't the only faux patent company the NSA etc. directly controlled and probably still control....
Score: 9 Votes (Like | Disagree)
kdarling Avatar
106 months ago
Apple has a product, so it’s hardly patent trolling.
Actually, Apple has sued over patent claims it doesn't use itself.

Also, as previously noted, Apple was part of a consortium that created a notorious patent troll called Rockstar.

In any case, VirnetX is not what most people call a troll, since they invented what they license, and do have app and library products using their patents.

Also, the patent wasn’t and isn’t on a “rectangle with round corners”, that’s just **** someone made up on the internet.
On the contrary, Apple DID manage to get a design patent on a rounded rectangle. Here it is. (Dashed lines don't count.)



Apple awarded design patent for actual rounded rectangle - Ars Technica ('https://arstechnica.com/gadgets/2012/11/apple-awarded-design-patent-for-actual-rounded-rectangle/')

Apple did not try to sue Samsung using the more detailed actual iPad design patent. It wouldn't have worked, as none of Samsung's tablets had a round Home button or the same exact shape. So instead, Apple tried to use the above generic rounded rectangle patent.

The attempt failed. Along with courts all over the world, even the first set of California jurors decided that Samsung's tablets did not infringe it.

Attachment Image
Score: 6 Votes (Like | Disagree)
kdarling Avatar
106 months ago
The whole patent system needs to be overhauled. I'm not defending Apple if they did something wrong then they should pay up but small companies patent trolling big companies is not the way to run a business.
Normally a troll is defined as a company that buys up patents and then goes looking for offenders.

(Note: Apple did that themselves by proxy, when the consortium they belonged to bought Nortel patents and then created a patent holding company that did nothing but reverse engineer software to find infringements.)

VirnetX is different. Its officers are mostly the guys who actually invented what they license. Basically, they're living the American inventor's dream of coming up with something that lots of people will want to use and pay for. Nothing wrong with that whatsoever.

Worse, Apple's own internal documents showed that they knew they were infringing VirnetX patents, but went ahead anyway.

You are correct, the United States District Court for the Eastern District of Texas is notoriously known as the home of Patent Trolls..
Many plaintiffs like East Texas and Delaware courts because they are quick, have technical experience, and especially because they favor patent holders.

In a similar way, Apple prefers northern California courts which seem to favor home state companies.

Likewise, Motorola used to favor filing in their home state of Illinois.
Score: 6 Votes (Like | Disagree)