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.