Apple Looses to VirnetX in Second Trial
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Posted on 10/01/2016 12:07:00 PM PDT by Swordmaker
Apple loses patent infringement case against VirnetX on second retrial. . . link only due copyright issues:
VirnetX Wins $302.4 Million Trial Against Apple in Texas
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Acacia got a $22 million verdict against Apple a couple of weeks ago. Same district.
But the posted case sounds like a huge win for Apple. The previous VirnetX verdict was for $626 million. Of course, the original verdict was for $368 million, and they’ve probably spent close to the difference between that one and this one in legal fees.
“But the posted case sounds like a huge win for Apple. The previous VirnetX verdict was for $626 million”
It’s not a win at all. The previous judgment against Apple of $626 is being retried as two separate cases and this $302 million is just the first of the two cases. There is another case involving another patent coming shortly.
Apple’s infringement is not being contested in these trials, that’s already a given. The issue is what amount Apple must pay for using IP that they have been taking without compensating the firm that invented it. Willfulness could also come into play which would be an added penalty on top of the current judgement.
The issue is more complex than just these trials due to a jurisdictional conflict between the CFAC, the U.S. Court of Appeals for the Federal Circuit, and the PTAB, the Patent Trial and Appeal Board. They have been issuing conflicting judgements.
The CFAC is an Article III court, the PTAB is an executive agency. SCOTUS has cases before it that could settle the issue of whose rulings should have the final say.
The ‘America Invents Act’ opened a door for patent infringement as a business practice. Large firms have been able to game the IPR system and litigate small inventors out of business in too many cases.
Well stated.
Pocket change for Apple.
Apple’s infringement is not being contested in these trials, that’s already a given...... Willfulness could also come into play which would be an added penalty on top of the current judgement.
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Apple is just using Microsofts playbook ,, steal your competitions main product rather than license it... bankrupt them so they can’t fight back... This is every bit as blatant and intentional as when MS stole DR-DOS’s defrag program... except this company had reserves to fight back...Apple should be forced to remove the stolen software immediately in addition to paying the fine(s).
Apple and Microsoft are just two of the big players employing this strategy. It’s conspicuous enough that at least one retired federal judge has been openly writing about companies that no longer license, but instead steal IP and defy small fry to get paid for their inventions. The lucky ones settle for pennies on the dollar. Many simply are bankrupted by the time and expense involved in defending their patents. This has become worse with the America Invents Act.
The U.S. Patent and Trademark Office conducted parallel reviews of the four patents and on Sept. 9 said none covered new inventions. The agency uses a different standard of review and it’s easier to have a patent found invalid by the patent office than a district court.
That doesn't sound like from an uncontested "given" - it actually sounds as if there is doubt to the validity of the patents themselves.
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