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Apple protests VirnetX patent loss that could cost over $1 billion

Credit: Apple

Apple has asked a US District judge to reduce the amount of damages it is required to pay VirnetX over a patent infringement, and argues that new claims will mean it being required to pay over $1 billion.

Following losing a patent infringement case brought by VirnetX, Apple has ask US Direct Judge Robert W. Schroeder III to reduce the amount it is required to pay. The company's request came during a video hearing in which VirnetX lawyers asked the court to add on at least $116 million in interest.

VirnetX also asked that Apple be required to pay 84 cents in royalties for each device sold that infringes on its patent relating to FaceTime and VPN. That figure was previously decided by jury trial, but VirnetX wants it to now also apply to any future infringing Apple products, whether or not they were specified in the case.

According to Bloomberg, during this latest hearing, Apple asked instead that the total it is required to pay VirnetX be cut over 75% to $113 million in total. Apple's position is that the jury which ruled against them had not been told that two of VirnetX's patents had been rendered invalid by the US Patent Office.

Apple reportedly also argued that if there should be any future royalty fee at all, it should be 19 cents per unit.

Apple disputing the amount of damages owed is the latest in a decade-long case. VirnetX first sued Apple in 2010, accusing its FaceTime and VPN on Demand features of infringing on four patents.

VirnetX won the case in 2016, only for the decision to be overturned on appeal. A subsequent retrial again saw VirnetX win, and so have most of the following appeals.

Two of VirnetX's patents have since been been invalidated, prompting Apple in January 2020 to again appeal against the whole judgement.

In February 2020, that appeal was denied.