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

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

iphone duo facetime

iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos

Wednesday October 21, 2026 11:36 am PDT by
The iPhone Duo's inner screen has an under-display front camera that's largely hidden from view. It's the first time we've seen an under-display camera on an iPhone, and it turns out there's a reason Apple hasn't used the technology before. Apple said the camera offers 1080p video recording, but didn't mention photo quality. Gizmodo said it's a 4-megapixel camera and described the photos as...
iphone duo facetime

Why Can't iPhone Duo Users Make Eye Contact on FaceTime?

Monday October 26, 2026 3:49 pm PDT by
FaceTime's Eye Contact setting is missing on the iPhone Duo, MacRumors can confirm. The setting was first flagged as absent by MacRumors forum member TwoBytes, who noticed their eyes looking "a little off" during a call. Introduced in iOS 14, Eye Contact uses machine learning to subtly adjust your eyes during a video call to make it seem like you're looking into the camera lens, even though ...
iOS 27 and FaceTime Feature

iOS 27.2 Expands Dual Capture to Group FaceTime

Monday October 26, 2026 12:46 pm PDT by
The iOS 27.2 update Apple released today allows the FaceTime Dual Capture feature to be used in Group FaceTime calls. Dual Capture is a feature that lets you stream FaceTime video content from the front and rear cameras at the same time. On a compatible device running iOS 27, flipping the camera while on a FaceTime call automatically turns on Dual Capture. Dual Capture is available on...

Top Rated Comments

gaximus Avatar
118 months ago
Whats the point of a "Final Judgment" if you can appeal it?
Score: 19 Votes (Like | Disagree)
WatchFromAfar Avatar
118 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
118 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)
118 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
118 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
118 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)
Latest Stories
Adding Touch Didn't Cost the MacBook Pro Any Battery Life
Adding Touch Didn't Cost the MacBook Pro Any Battery Life
23 minutes ago
Apple Releases Redesigned Mac Chargers and 'World Travel Adapter Kit'
Apple Releases Redesigned Mac Chargers and 'World Travel Adapter Kit'
48 minutes ago
Apple Executives Explain Why the MacBook Pro Finally Has a Touch Screen
Apple Executives Explain Why the MacBook Pro Finally Has a Touch Screen
53 minutes ago
New MacBook Pro Features Deeper Bass and Improved Closed-Lid Audio
New MacBook Pro Features Deeper Bass and Improved Closed-Lid Audio
1 hour ago
New MacBook Pro Offers Up to 16TB of Storage, Double Previous Limit
New MacBook Pro Offers Up to 16TB of Storage, Double Previous Limit
1 hour ago
Apple's New Touchscreen MacBook Pro Costs Up to $14,549
Apple's New Touchscreen MacBook Pro Costs Up to $14,549
2 hours ago
Apple Brings Dynamic Island to Mac for the First Time
Apple Brings Dynamic Island to Mac for the First Time
2 hours ago
Mac Studio With M5 Ultra Now Available With 512GB RAM for $22,299
Mac Studio With M5 Ultra Now Available With 512GB RAM for $22,299
2 hours ago
Illuminated Apple Logo Returns to MacBook Pro After 10 Years
Illuminated Apple Logo Returns to MacBook Pro After 10 Years
2 hours ago
Apple Announces OLED MacBook Pro With Touch Display
Apple Announces OLED MacBook Pro With Touch Display
2 hours ago
Apple Store Down Ahead of 'Pro and Tell' Launch Today
Apple Store Down Ahead of 'Pro and Tell' Launch Today
3 hours ago
South Korea Rules Against Apple Over App Store Payment Rules
South Korea Rules Against Apple Over App Store Payment Rules
3 hours ago
iOS 27.2 Adds Selfie-Based Age Verification
iOS 27.2 Adds Selfie-Based Age Verification
5 hours ago
Beats 360 Get First Price Drop Alongside Return of Record Low for AirPods 4
Beats 360 Get First Price Drop Alongside Return of Record Low for AirPods 4
5 hours ago
Apple Raises MacBook Neo's Starting Price to $649 on Education Store
Apple Raises MacBook Neo's Starting Price to $649 on Education Store
5 hours ago
MacBook Studio?
MacBook Studio?
6 hours ago
Apple CEO John Ternus Teases Touchscreen MacBook Pro: 12 Final Rumors
Apple CEO John Ternus Teases Touchscreen MacBook Pro: 12 Final Rumors
6 hours ago
Touchscreen MacBook Pro's New Hinge Linked to iPhone Duo 2
Touchscreen MacBook Pro's New Hinge Linked to iPhone Duo 2
7 hours ago
macOS 27 Assets Hint at Dynamic Island for MacBook Pro
macOS 27 Assets Hint at Dynamic Island for MacBook Pro
8 hours ago
Touchscreen MacBook Pro to Debut Today With These 5 Features
Touchscreen MacBook Pro to Debut Today With These 5 Features
9 hours ago
Apple to Open Pre-Orders for Five New Products Today
Apple to Open Pre-Orders for Five New Products Today
9 hours ago
MacPaw Launches 'Eney' AI Assistant for Mac and iPhone
MacPaw Launches 'Eney' AI Assistant for Mac and iPhone
12 hours ago
Apple Shares New Apple Watch Survival Stories
Apple Shares New Apple Watch Survival Stories
20 hours ago
Apple Shares tvOS 27.2 Release Notes With List of New Features
Apple Shares tvOS 27.2 Release Notes With List of New Features
20 hours ago
OLED Touchscreen MacBook Pro Could Start at $2,899
OLED Touchscreen MacBook Pro Could Start at $2,899
21 hours ago
M6 iMac Sticks With Its Five-Year-Old Color Lineup
M6 iMac Sticks With Its Five-Year-Old Color Lineup
23 hours ago
ChatGPT Can Now Access Your iCloud Mail and Calendar
ChatGPT Can Now Access Your iCloud Mail and Calendar
23 hours ago
Best Buy Details Black Friday Plans With Early Deals Available on Halloween
Best Buy Details Black Friday Plans With Early Deals Available on Halloween
1 day ago
Apple Reportedly Plans to Release MacBook Neo 2 in First Half of 2027
Apple Reportedly Plans to Release MacBook Neo 2 in First Half of 2027
1 day ago
M5 vs. M6 MacBook Pro Buyer's Guide: All Differences Compared
M5 vs. M6 MacBook Pro Buyer's Guide: All Differences Compared
1 day ago