Apple ordered to pay $302.4M in damages to VirnetX in patent retrial read more at here www.spinonews.com/index.php/item/1087-apple-ordered-to-pay-302-4m-in-damages-to-virnetx-in-patent-retrial

A federal jury in Texas on Friday night ordered Apple Inc to pay more than $302 million in damages for using VirnetX Holding Corp's patented internet security technology without permission in features including its FaceTime video conferencing application.

According to reuters, The jury in Tyler, Texas, said Friday Apple infringed two patents related to its FaceTime calling feature. This was the third trial in a case that began in 2010. An appeals court upheld a portion of the first verdict, which found Apple’s VOD infringed two patents, leaving the jury only to determine how much Apple should pay.

A jury in 2012 awarded $368.2 million in damages, but the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., partly overturned that verdict, saying there were problems with how the trial judge instructed jurors on calculating damages.

The damage award also includes the amount Apple must pay for use of VirnetX technology in Virtual Private Network on Demand, also called VOD.

The jury was asked to assign damages related to two VirnetX patents of which Apple was already found to have infringed, and to decide infringement and potential damages of two other patents.

Now the US Court of Appeals will have to make its own ruling, and VirnetX needs to win there in order to actually get paid for its patents.

 

 According to court documents, Apple is to face another court proceeding over whether it willfully infringed the patents, which could lead to higher damages.