Apple’s bid for a new hearing in VirnetX patent case dismissed by the Court of Appeal

Today brings another development in the never-ending battle of patents between Apple and VirnetX. Reuters reports that the UNITED states Court of Appeals for the Federal Circuit rejected Apple’s bid for a rehearing in the patent case.

In a decision of November, a panel of three judges of the Court of Appeals for the Federal Circuit overturned a jury’s calculation that Apple should pay $503 million in damages for infringement of VirnetX patents. The part of the decision is a victory for Apple, but this was not good news.

In a partial victory for VirnetX, the Federal Circuit has left in place a decision of the jury, that Apple did infringe on two VirnetX patents for the security of the communications technology. Apple has requested that the judges sitting in the court to come back on this part of the decision, but the Court of Appeals for the Federal Circuit has rejected the request today.

Apple and VirnetX are both still waiting for details on the new calculation of damages in the first part of this pursuit. The Texas judge in the case must decide to proceed to a new damages trial or trial to recalculate the damages without hold one. VirnetX argued that its damages are just based on his belief that Apple has sold more than 400 million devices that infringe the patent.

This year-long patent battle between VirnetX and Apple has been ongoing since 2010, through various cases. The case in question, today, originally went to trial in 2018, and is one of several lawsuits VirnetX brought against Apple over allegations of patent infringement.

In a decision of November, a panel of three judges of the Court of Appeals for the Federal Circuit overturned a jury’s calculation that Apple should pay $503 million in damages for infringement of VirnetX patents. The part of the decision is a victory for Apple, but this was not good news.

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