Apple has failed in its latest bid to relitigate one of its lawsuits with VirnetX, after the US Court of Appeals rejected calls from the iPhone maker to reconsider a split verdict issued in November that only partially helped the iPhone maker avoid making a $503 million payout.
The Federal Circuit's decision to side with VirnetX in January 2019 as part of a long-running patent infringement case is "grossly unfair," Apple insists to the Supreme Court, claiming the "whopping" $439 million judgment involved the Federal Circuit making "two fundamental legal errors" to justify the size.
A US appeals court has upheld two rulings that Apple infringed VirnetX patents, but reversed the decision on two others. The nearly decade-long legal case must now go back a Texas judge who will consider further hearings.
Part of a $600 million judgment against Apple over alleged patent infringement may not necessarily be heading to VirnetX, with a Federal Circuit panel suggesting it may not be able to uphold part of the award due to ongoing litigation that could invalidate patent claims at hand.
Apple has asked the Federal U.S. Court of Appeals to hold another hearing for its case against VirnetX, insisting last week's failed attempt to get an en banc hearing should have been allowed due to the same court invalidating some of VirnetX's patent claims just minutes beforehand.
VirnetX has won another battle in its patent lawsuit with Apple, convincing the US Court of Appeals to vacate and remand decisions by the US Patent Office's Trial and Appeal Board that invalidated two patents. The new ruling gives VirnetX more leverage in receiving the $439 million the courts declared Apple owes.
Apple is continuing its attempts to get out of paying VirnetX $439 million after being declared to have infringed on the firm's patents, with the iPhone producer urging the federal court circuit to reconsider the verdict just weeks after the federal U.S. Court of Appeals denied Apple's appeal over the verdict.
Apple will be paying VirnetX more than the $502.6 million ordered by a federal judge in late August, with an agreement between the two companies over costs incurred by VirnetX in the patent infringement lawsuit bringing the final total up to $595.9 million.
The contents of a final judgement in the long-running patent case between non-practicing entity VirnetX and Apple have been unsealed, revealing that while both companies had motions denied by the court, VirnetX was granted only half the "sunset royalty" it demanded and was refused an embargo on sales and imports.
A federal judge on Thursday denied Apple's motion for a new trial in a long-running patent case leveled by non-practicing entity VirnetX, a suit that left the iPhone maker on the hook for $502.6 million.
A federal jury on Tuesday found Apple's FaceTime, VPN and iMessage products in infringement of four VirnetX patents covering secure communications, awarding the patent holdings firm $502.6 million in damages.
A series of motions by Apple in court challenging the validity of a ruling in favor of patent aggregator VirnetX have been denied, with Apple facing a $439.7 million dollar penalty — but there are still appeals of judgements to be made, as well as the conclusion of a patent invalidation process which may wipe the slate clean.
A class-action lawsuit filed in California on Thursday alleges Apple schemed to force iPhone users to upgrade to iOS 7 in a bid to save money on a data services deal with Akamai, a move that rendered older hardware like iPhone 4 and 4S unusable.