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Apple loses latest legal fight with VirnetX over VPN patents

Apple Inc misplaced one other spherical in its decade-long authorized battle over tons of of thousands and thousands of {dollars} in royalty claims by VirnetX Holding Corp for patents utilized in digital personal networks together with FaceTime.

A 3-judge panel of the US Court docket of Appeals for the Federal Circuit had already barred Apple from arguing the VirnetX patents are invalid, as a result of such claims have failed in different instances. The total court docket on Feb 10 refused to rethink the November ruling.

Apple and VirnetX have been battling for years over expertise associated to safe communications, and Apple is attempting to throw out two jury verdicts for nearly US$1bil (RM4.14bil) in mixed damages. The iPhone maker requested the appeals court docket to rethink whether or not VirnetX’s patents ought to have been issued and claims the awards are extreme, particularly contemplating VirnetX studies lower than US$2mil (RM8.28mil) in annual income.

VirnetX rose 10% to US$4.66 (RM19.28) at 2:38pm in New York buying and selling, after leaping as a lot as 18% earlier on Feb 10.

In November, the appellate panel dominated that there was “substantial proof” that Apple’s digital personal community service infringed two VirnetX patents, however mentioned Apple’s redesigned model of FaceTime didn’t use two different VirnetX patents. The court docket mentioned that the US$503mil (RM2.08bil) in damages must be recalculated.

Apple argued in its petition for reconsideration that the panel was flawed to preclude it from renewing its invalidity arguments, saying it needed to lift totally different authorized points. It additionally sought to have the court docket rethink the infringement discovering that was upheld.

At a separate trial, Apple misplaced a US$439mil (RM1.82bil) judgment over earlier variations of VPN on Demand and FaceTime, and the Federal Circuit upheld the decision. Apple is asking the Supreme Court docket to think about the case, notably how damages are calculated.

Within the meantime, the patent workplace has discovered all however one side of one of many 4 patents to be invalid. Apple contends that it shouldn’t be pressured to pay royalties on patents that shouldn’t have been issued. VirnetX has mentioned that there is no such thing as a closing determination to cancel these patents, so Apple’s argument is untimely and a part of an ongoing effort to keep away from paying for using one other firm’s innovations. – Bloomberg

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