Patent holding company VirnetX's infamous $368 million win over Apple -- which most notably resulted in changes to FaceTime that riled consumers -- has been thrown out by the U.S. Court of Appeals for the Federal Circuit after review.

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As Apple gears up to defend itself against another lawsuit from patent holding firm VirnetX, the iPhone maker was dealt a blow late last week after the presiding judge issued a series of pre-trial rulings denying Apple's motion to preemptively invalidate some of VirnetX's patent claims and preventing the use of invalidity as a defense against others.

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Patent holding company VirnetX on Tuesday announced that it will attempt to add Apple's most recent slate of products -- including the iPhone 5s and iPad Air -- to an ongoing patent infringement action that accuses Apple of violating VirnetX's secure networking patents.

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Apple will not be changing the behavior of its VPN On Demand services for some iOS devices, despite having lost a $368 million judgment to VirnetX.

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Following a $368 million judgment against Apple in a patent infringement case, the iPhone maker will make changes to VPN behavior in iOS 6.1.

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