Apple Wins Appeals Battle in Ongoing Patent Infringement War With VirnetX, Could Save $502.8 Million

Apple has been embroiled in a patent dispute with VirnetX for well over a decade, and the company today won an appeals verdict that could ultimately save it from having to pay VirnetX $502.8 million in patent infringement fees.

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The U.S. Court of Appeals for the Federal Circuit on Thursday confirmed a ruling by the U.S. Patent and Trademark Office invalidating a pair of patents that VirnetX used in its patent infringement lawsuit against Apple, according to Reuters.

Apple in 2020 was ordered to pay VirnetX $503 million for infringing on VPN patents owned by VirnetX with the iPhone's VPN on demand feature. The two patents that have been invalidated were involved in that lawsuit, and now Apple might get the entire judgment vacated.

Apple appealed the $502.8 million award verdict after it was rendered, with both Apple and VirnetX presenting arguments in the appeal back in September. VirnetX attorney Jeff Lamken said at the time that if the court ultimately sided with the USPTO and invalidated the patents in the patent validity case, VirnetX could "have a big problem." He said that he did not think VirnetX would have an "enforceable judgment" in that situation, so this is potentially a major win for Apple.

With the patents now invalidated, VirnetX and Apple will again meet in court over the initial appeals case that Apple filed to determine whether Apple will need to pay up, and it's looking like the $502.8 million verdict will be thrown out.

Regardless of how this case plays out, Apple was forced to pay VirnetX $440 million for violating VirnetX's communications security patents with the FaceTime and iMessage features.

VirnetX is largely viewed a patent holding company or "patent troll" that does not offer actual products or services. It generates revenue by litigating technology companies that infringe on its patents, though it does also market its "War Room" software for authenticated meetings.

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Top Rated Comments

ct2k7 Avatar
30 months ago
VirtnetX stopped Apple from making FaceTime an open standard. I won’t forget.
Score: 29 Votes (Like | Disagree)
CWallace Avatar
30 months ago
XeroxPARC stole the mouse from Stanford and Xerox both invested in Apple at the time (20%) which allowed access to PARC and one of the stated reasons for that investment was the hope Apple could commercialize PARC technology.

And Apple was insured by Xerox, resulting in if PARC had sued Apple and won, Xerox would have paid their own award.

So PARC influenced the Macintosh, but it was certainly not direct IP infringement as it did not use PARC's code as the foundation and PARC might not even have patented any of it. The Macintosh GUI also had many features that PARC's GUI did not have, including drop-down menus and such.
Score: 24 Votes (Like | Disagree)
ronntaylor Avatar
30 months ago

Of course. Apple steals & deliberately infringes on other company's tech/ip and then has the complete nerve to play victim, refuses to pay what they should for said theft, and drags the company through the courts.

From XeroxPARC to this. Same as it ever was.
Guess you didn't read the article:


The U.S. Court of Appeals for the Federal Court on Thursday confirmed a ruling by the U.S. Patent and Trademark Office invalidating a pair of patents that VirnetX used in its patent infringement lawsuit against Apple...
Score: 19 Votes (Like | Disagree)
EmotionalSnow Avatar
30 months ago

Of course. Apple steals & deliberately infringes on other company's tech/ip and then has the complete nerve to play victim, refuses to pay what they should for said theft, and drags the company through the courts.

From XeroxPARC to this. Same as it ever was.
Except that their patents are unenforceable and invalid. They were granted erroneously.
Score: 14 Votes (Like | Disagree)
CWallace Avatar
30 months ago

It certainly was infringement by Apple as Apple never got a licence for Xeorx's gui to begin with.
Apple didn't need a license for it because they didn't use any of its code as the foundation for the first Mac OS. They took it as inspiration and modified it in many significant ways - ways that made it a better OS than the original Alto OS.

If you look at the Alto's OS and the first Macintosh's OS, the only thing they really share in common is both are in black and white.
Score: 14 Votes (Like | Disagree)
JM Avatar
30 months ago
Now THIS is Apple News that can bring us all together like the good ol’ days.

?
Score: 10 Votes (Like | Disagree)