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6:10-cv-00417
Texas Eastern
Patent
Robert W. Schroeder, III
A Texas federal judge said Tuesday that Apple unreasonably delayed its request to recoup some of the $454 million it paid VirnetX for infringing patents that have since been invalidated.
Just because Apple Inc. already cut a $454 million check to VirnetX Inc. after the U.S. Supreme Court turned down its patent appeal doesn't stop it from now requesting that the award be reduced, the tech giant has told a Texas federal judge.
Wrapping up one phase of a nearly decadelong patent battle, VirnetX said Friday that Apple had paid it $454 million to resolve infringement allegations related to network security patents, weeks after the U.S. Supreme Court turned down Apple's appeal.
VirnetX Inc. told a Texas federal judge that after 10 years of litigation and multiple attempts by Apple Inc. to avoid forking over $439 million in damages for patent infringement, the case "is as final as final can be" and the deadline to pay is March 16.
Just as the U.S. Supreme Court is considering whether to take up Apple's appeal of a $439 million infringement verdict, the tech giant told the Eastern District of Texas that it would be "exceedingly unjust" for the company to have to pay that sum over since-invalidated VirnetX patents.
A Texas federal judge tacked $137 million in fees and enhanced damages onto a $302 million verdict against Apple Inc. over claims it infringed VirnetX Inc.'s patents through Apple's FaceTime technology.
A Texas federal jury Friday ordered Apple Inc. to shell out more than $300 million to VirnetX Holding Corp. for infringing its patents with Apple's FaceTime technology, dealing a blow to the tech giant as it prepares for a second trial over related allegations.
VirnetX Inc. cannot claim in a retrial that Apple Inc. willfully infringed patents for FaceTime and other technology, after the patent-holding company specifically disavowed that allegation in earlier court filings, Apple told a Texas federal judge on Wednesday.
A Texas federal judge vacated VirnetX's colossal $625 million patent infringement verdict against Apple on Friday, ruling it was unfair to Apple to combine two separate VirnetX suits alleging Apple infringed its network security patents into one trial, and he split the suits and ordered a pair of new trials.
VirnetX Inc. urged a judge Wednesday to combine the remand of a patent case where the Federal Circuit vacated a $368 million damages award it won against Apple Inc. with a separate VirnetX suit over different Apple products, while Apple said the two cases should be heard separately.