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  • Court Tosses VirnetX Patent Award Against Apple

    The Wall Street Journal is reporting that a federal appeals court has just overturned a $368 million jury award for patent infringement that VirnetX, a patent licensing firm, won against the iDevice maker some two years ago.

    The U.S. Court of Appeals for the Federal Circuit "ruled the verdict was 'tainted' by erroneous jury instructions in the case," today's report confirms.

    Since the fall of 2012, Apple has been appealing a jury ruling that held Apple to blame for infringing upon VirnetX's patents for VPN technology via FaceTime.

    Here's where matters get sticky. Although Apple is still "guilty," the appeals court said this week that the trial jurors weren't properly guided on how to assess and award damages in these circumstances. End result? The $368 million award is erroneous. And so it's being tossed.

    "The law requires patentees to apportion the royalty down to a reasonable estimate of the value of its claimed technology, or else establish that its patented technology drove demand for the entire product," explains Chief Judge Sharon Prost.

    Apple, however, isn't entirely off the hook. The case is now being sent back to the U.S. District Court in Tyler, Texas, where damages will once again be calculated and determined.

    Source: WSJ
    This article was originally published in forum thread: Court Tosses VirnetX Patent Award Against Apple started by Michael Essany View original post
    Comments 1 Comment
    1. nakedcrook's Avatar
      nakedcrook -
      I hope the cost goes up. Every penny that comes out of Apple's bank account, the better.