“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.
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.
*****************
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).