Affiliate Disclosure
If you buy through our links, we may get a commission. Read our ethics policy.

Apple denied new VirnetX FaceTime patent trial

Credit: Apple

Last updated

After a battery of appeals, the Apple versus VirnetX legal battle over FaceTime patents appears to be finally over, with the judge at the heart of the case denying Apple's motion for a new trial.

Robert W. Schroeder III denied Apple's motion for a new trial in the ongoing FaceTime patent misuse trial saga on Wednesday. In a parallel ruling, the judge also granted, but modified VirnetX's motion for interest payments and other fees assessed to Apple.

The order on Wednesday is sealed. At present, it isn't clear what modifications Judge Schroeder made to VirnetX's $116 million request for interest on top of the $504 million that it must pay.

Apple was seeking a new trial on the grounds that the jury had not been informed that two of VirnetX's patents had been rendered invalid by the US Patent Office. The company also argued that the award for royalties was erroneous, and if there was going to be any royalty award, it should be $0.19 per device versus the $0.84 per unit sale that VirnetX was demanding.

In February 2020, Apple's appeal regarding the invalid patents was denied.

In March 2020, VirnetX confirmed that Apple sent a $454 million payment for infringing several of its patents through the FaceTime and VPN on Demand features.



7 Comments

Rayz2016 8 Years · 6957 comments

I was going to say “can’t win ‘em all.”  

But it’s probably more a case of “can’t win one.”

razorpit 17 Years · 1793 comments

Apple was seeking a new trial on the grounds that the jury had not been informed that two of VirnetX's patents had been rendered invalid by the US Patent Office.


I’m confused. Does this mean Apple’s legal team screwed up, or were the patents invalidated after the original case?

Rayz2016 8 Years · 6957 comments

I have another question. 

Wasn’t it these patents that stopped them making FaceTime cross-platform?

gatorguy 13 Years · 24627 comments

Rayz2016 said:
I have another question. 
Wasn’t it these patents that stopped them making FaceTime cross-platform?

No one has the answer outside of Apple themselves and they've never commented on it AFAIK.

OutdoorAppDeveloper 15 Years · 1292 comments

Does it really matter? FaceTime was a failure from the very start. Apple could have been Zoom or Skype but they had to be proprietary and limit the users to only iPhones. I think I have used FaceTime once since it was released (and not out of spite, it simply never was needed.)