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.
Earlier this month, Apple published a notice that it would be changing the way VPNs worked in iOS 6.1, but this week the iPhone maker put out a notice (via Mac Rumors) that VPN On Demand behavior would not be changing for devices already in consumer hands.
"Apple no longer plans to change the behavior of the VPN On Demand feature of iOS 6.1 for devices that have already been shipped," the support page reads. "The 'Always' option will continue to work as it currently does on these devices."
Apple's statement leaves open the possibility that future iOS devices will ship with the previously planned VPN On Demand changes having been made.
In October, a Texas jury handed down a $368 million judgment against Apple, finding that the iPhone maker had violated the patents of VirnetX. Specifically, the jury found that Apple had violated U.S. Patent No. 8,05,181, covering a "Method for Establishing Secure Communication Link Between Computers of Virtual Private Network." The offending technology was Apple's FaceTime, featured in millions of iPads, iPhones, and iPods, as well as Mac computers.
Apple appealed the jury's decision, but a U.S. District Court judge upheld the ruling. VirnetX filed another suit shortly thereafter, adding the iPhone 5, fourth-generatino iPad, iPad mini, fifth-generation iPod touch, and "the latest Macintosh computers" to its claim.
2 Comments
So did they:
a) license it
b) work around it
c) get it invalidated somehow (but without us hearing of that happening?)
d) ignore the court order?
I'm guessing not (d), but I wonder how they're doing this.
So did they:
a) license it
b) work around it
c) get it invalidated somehow (but without us hearing of that happening?)
d) ignore the court order?
I'm guessing not (d), but I wonder how they're doing this.
Apple has been paying about $330K per day in additional court-ordered royalties since the judgement of $368 million in damages against them on Feb, 27th. At the time the court said those daily damages would be in effect until Apple and VirnetX were able to come to a future royalty agreement or 45 days had passed at which time the court would make another ruling.
Since there's been no more orders from the court AFAIK and those 45 days have passed the assumption can be made that Apple has agreed to take a license, but perhaps asked or been required to agree that the terms not be revealed.
***Edited the daily amount that Apple has been paying VirnetX in addition to the damages award from Feb. 27th